Disability Insurance Lawsuit Stories

It is common when dealing with claims for short and long term disability benefits to have the disability insurance company request "objective evidence" to support your claim that you are disabled due to a certain impairment. If your impairment, for example, involves a neck or back condition, then a MRI or a CT scan revealing herniated discs or some similar pathology, would easily be considered "objective evide...

Prior to ceasing work due to her disability, Ms. S was employed as a service center organizer for Boston Building Service. Her duties included providing worker support during the grievance process with the union, and field support various union related issues. In December 2008, Ms. S was forced to stop working and file for disability insurance benefits due to chronic knee and back pain. Ms. S also suffered fro...

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...

Since insurance companies began underwriting and issuing long-term disability insurance policies, they have excluded and limited payments for certain medical conditions. In fact, it is very common to find provisions limiting the pay period - typically to 24 months - for disabilities arising from a mental illness, mostly in group long-term disability policies. As a result of the medical community finally accept...

Even when a disability company pays a claimant it is rare that the claimant has any confidence that the disability company will continue to pay. On a daily basis our disability insurance attorneys speak with claimants that have either had their benefits denied or fear that they will be denied.We regularly write articles about the manner in which disability companies can handle a claim, but we wanted to sha...

On May 12, 2013, the state of Massachusetts took a step in the right direction when it let CIGNA know that its unscrupulous claims handling procedures as they relate to disability benefits under ERISA governed long term disability policies would not be tolerated. Known as the CIGNA Regulatory Settlement Agreement, the settlement was entered into by five states (California, Connecticut, Maine, Massachusetts, or...

As long term disability insurance lawyers that have helped thousands of disability insurance claimants we are pleased to announce that Cigna / Life Insurance Company of North America (LINA) has entered into a "Regulatory Settlement Agreement" ( hereinafter known as "Cigna Settlement") with the Departments of Insurance from California, Connecticut, Maine, Massachusetts, and Pennsylvania. On May 8, 2013, five st...

Have you received a mysterious letter from Aetna with The Rawlings Company LCC emblazoned across the top?We recently received letters on Aetna letterhead, referencing our clients' claims for disability, which start with: "Aetna Disability administers disability benefits under the group plan sponsored by your employer. We are requesting your cooperation in providing some additional detailed information abou...

A Colorado court recently brought down a very harsh ruling against Northwestern for blatantly abusing its discretion in denying long-term disability benefits to a Colorado Family Law Attorney (Mr. M) who suffered congestive heart failure and underwent aortic valve replacement surgery and thoracic aortic aneurysm repair.Two interesting issues were addressed by the Court in its ruling. The first is the appli...

In a recent ruling in the case of Dupell vs. Aetna, which pertained to rights to long term disability benefits under an ERISA governed group disability policy, a West Virginia Federal Judge ruled that the ERISA based disability litigation before the Court should not be dismissed on Motions for Summary Judgment filed by Ms. Dupell or Aetna. Furthermore, the Court ordered that the case should not be remanded bac...

A New York claimant, Ms. Ingravallo, filed an ERISA lawsuit after Hartford determined that, after paying long term disability benefits for over 3 years due to her diagnosis of Relapsing-Remitting Multiple Sclerosis, she no longer met the Plan's definition of disability and was no longer eligible for continued benefits. Upon review of the administrative record, the New York Court found that Hartford abused its ...

The claimant, Ms. Petrone, worked for a subsidiary of Johnson & Johnson as a Finish Operator for 7 years. She stopped working after she was diagnosed with a L5-S1 disc herniation and underwent back surgery, a lumbar laminectory, which failed and left her with continued post-surgical pain and radiculopathy. Ms. Petrone was approved for short-term disability benefits and then received long-term disability be...

The claimant, Mr. Judge, had a high school education and worked for 20 years as a baggage handler and ramp agent for a major airline. He applied for disability benefits under the group insurance policy (the Plan) which was provided by his employer and issued by MetLife. MetLife determined that Mr. Judge was not totally and permanently disabled under the terms of the Disability Plan and denied benefits. Mr. Jud...

The ERISA Law Governing Disability Insurance Claims Favors Insurance CompaniesThe law that governs lawsuits brought for denial of short or long-term disability benefits through a claimant's group disability insurance policy with their employer is called ERISA. When a lawsuit is governed by ERISA, the legal process is entirely different than one might imagine because lawyers rarely get to argue their case i...

It is vital for claimants to remember that just because disability benefits have been approved and are being paid, this does not mean the insurance company has closed its file and is no longer investigating your claim for disability. You must continue to treat for you illness or injury and your physicians must continue to support your being disabled and not able to work due to your illness or injury. Additiona...

In cases such as Lyme's Disease, and the wider gamut of chronic pain conditions such as Fibromyalgia or RSD and chronic fatigue conditions, the symptoms reported are often subjective in nature. Meaning there is no test to pinpoint the amount of pain a person is experiencing or how fatigued they feel. Despite the fact there is no objective test to measure levels of pain or fatigue, the insurance companies, know...

We always welcome people reading our website to share their experiences regarding the handling of their disability insurance claim.A reader recently posted her thoughts about the Standard Insurance Company application process for disability benefits.I'm glad I stumbled on this website. I too have been struggling with The Standard Insurance Co. I have been diagnosed with Panic Disorder w/agoraphobia and...

A Mutual of Omaha disability claim was sent back for further evaluation according to a recent decision by a Maryland Federal Judge. The issue dealt with how should Mutual Of Omaha determine the occupation of a disability claimant. Which is a better tool for determining occupation? ONET or DOT?If O*Net has replaced the DOT, why can an insurance company rely on the DOT?Unfortunately, there is no simple a...

All disability policies require a long term disability claimant to receive appropriate care and treatment throughout the entire duration of a disability claim. Failure to do so can and will result in termination of disability benefits permanently. A Federal Judge in Florida recently ruled in favor of American International Life, Assurance Company of New York, in an ERISA Disability Lawsuit.Although our fir...

An Indiana Federal Judge recently ruled partially in favor of a claimant who was denied Long Term Disability (LTD) benefits by Sun Life. In the December 2012 ruling in the ERISA Disability Lawsuit, the Court found that Sun Life needed to review and properly address the medical opinion of one of the claimant's treating physicians. This physician's review and opinion were in stark contrast to the final opinion a...