Disability Insurance Lawsuit Stories

Many claimants are unaware that disability carriers continue to monitor claimants' applications for Social Security disability benefits even after the carrier has ceased to pay benefits.A recent case out of the Middle District of Florida, which did not involve the law firm of Dell Disability Lawyers, serves as a reminder that your disability carrier often continues to monitor the status of your application...

In a case not handled by Dell Disability Lawyers, a former employee of the Eaton Corporation was dealt what is most likely a final blow in her quest to obtain continued Long Term Disability (LTD) Benefits. Although this case was not handled by our firm and although the case has a somewhat unique definition of disability, we look to it as guidance for our clients and for others who are currently on claim or who...

Mr. Vincente Alamos received ERISA Long Term Disability (LTD) benefits from Unum for the period of September 20, 2006 through September 19, 2011. During that time period, Mr. Alamos applied for and was ultimately awarded Social Security Disability Benefits dating back to December 1, 2006.Unfortunately for Mr. Alamos and most LTD recipients, should you receive "Other Income Benefits" from other sources, the...

The short answer, as you may have already learned, is no. Under ERISA, the opinions of treating physicians, despite the physicians often having the closest contact with the patient/claimant under review, despite arguably having the most "accurate" medical information on the claimant and despite being perhaps the only physicians who have had the chance to actually meet the claimant in person and so arguably the...

Disability insurance cases usually have similar fact patterns, but it's rare that you see a case that involves an attorney as a claimant, blackmail from a convicted claimant, and Unum attempting to recover over $1,000,000 in previously paid long term disability benefits. On March 31, 2014, The US Supreme Court denied a long term disability insurance claimant's Counsel for Petitioner, Petition for a Writ of Cer...

The claimant, Ms. A, filed an ERISA disability lawsuit against AIG. The Long Term Disability Plan provided by her employer after her initial claim for disability benefits was denied by AIG. The Judge found that the denial of long term disability benefits to Ms. A did not take into account or consider all of Ms. A's impairments and whether the impairments impacted her ability to work. Ms. A's claim was remanded...

When making a claim for LTD benefits, it is extremely important to read and understand the definitions contained in your policy such as the "own or regular occupation" and "any gainful occupation” definitions. If you are not aware of these definitions in the policy before you submit your claim, your treating doctors may not be providing the proper support from your inability to work. An example of this very ...

The Administrative RecordIn most cases, when a lawsuit is filed to secure long term disability benefits under an ERISA governed policy the only information that a Judge can consider at trial is what is contained in the Administrative Record. The Administrative Record consists of all the information you supply to the insurance company in support of your claim, and all the information generated and collected...

Many claimants are shocked and upset when they receive a denial or termination of their long-term disability benefits based on some doctor's opinions, who happens to live in another state, has never examined them nor ever had a conversation with them when their own treating physicians who have known and treated them for years supports their inability to work. Shouldn't their own treating physician's opinions h...

In the recent case, Charneski v. Metro.Life 2013 U.S.Dist.Lexis 176855, an Alabama judge determine that MetLife's decision to terminate the LTD benefits of a service employee of a car dealer who suffered a back injury requiring surgery, was de novo wrong. Charneski's doctors all state that he is disabled from performing any gainful occupation due to pain in his back as well as radiculopathy (nerve damage causi...

In a recent ruling by the Eighth Circuit the surviving husband of a mother of two was awarded accidental death benefits following his wife's death. The deceased wife was covered by an ERISA governed accidental death policy insured by Unicare Life and Health Insurance Company. The autopsy reported listed the cause of death was "mixed drug intoxication." The deceased had apparently ingested several different pre...

In a recent case out of New York, the court found that the Plaintiff did not provide a good enough reason for failing to timely file his ERISA action.New York in Viti v. The Guardian Life Insurance Company of America, the plaintiff's disability was not disputed; both parties agreed that his disability was genuine and prevented him from returning to work. However, the plaintiff missed the deadline for filin...

A recent ruling by a Louisiana Federal Judge illustrates the importance for a long term disability claimant to be represented by an experienced ERISA attorney throughout each and every phase of a claim for benefits. In this ruling, the Court notes that it found no evidence to contradict the insurance companies "independent" reviewers' opinions that the claimant could return to work. As such, the Court's decisi...

Disability Attorney Rachel Alters discusses a recent ruling by a California District Court in a lawsuit filed against Hartford. The claimant suffered from Sjögren's Syndrome. (Note: Dell Disability Lawyers did not represent the claimant in this lawsuit.) The Court ultimately ruled in favor of the claimant, finding that Hartford's review of the claim was substandard and not acceptable.Among other errors, H...

Disability Attorney Alexander Palamara discusses a recent ruling by a Virginia District Court in a lawsuit filed against Unum Life Insurance Company of America. (Note: Dell Disability Lawyers did not represent the claimant in this Unum lawsuit.) The claimant filed a disability claim, and received benefits for her migraine headache condition.Unfortunately, he...

Most long-term disability policies require a claimant not only be unable to perform the material and substantial duties of his or her occupation due to sickness or injury, but they must also be earning less than 80% of their pre-disability income if they are working on a full-time or part-time basis while disabled. If a claimant has applied for disability benefits due to the inability to work in a full-time ca...

A Federal Judge has upheld Procter & Gamble's decision to deny a former employee's claim for long term disability benefits. Formerly employed as a production tech at Procter & Gamble's Paper Product facility in Russellville, Arkansas, the claimant was forced to leave his occupation on April 6, 2008 due to degenerative disc disease, spinal stenosis and lumbar radiculopathy. Shortly after leaving work, t...

In the first part of this article discussing a lawsuit against Sun Life we addressed whether ERISA applied and if so what standard of review would the court apply. The court ruled ERISA applied and determined that the more favorable De-Novo review should apply. Click here if you have not read Part I of this article. Unfortunately the court determined that they could not make a decision on entitlement to benefi...

Ms. G has been battling with SunLife for more than five years to get her long term disability benefits paid. Let's take a look at this long time long term disability lawsuit in two parts. In a lengthy and complicated court ruling, the Appellate Court examines three interesting contentions raised by the claimant, Ms. G, on appeal: 1) that her claim is not governed by ERISA; 2) that the district court was incorr...

The question often arises as to whether an insurance company is permitted to follow claimants with surveillance for days or weeks at a time in order to attempt to discredit their disability claims. The answer to the questions is "yes." Most disability policies allow an insurance company to invade the privacy of a policy holder by hiring private investigators to follow them around if he or she is on claim or ha...