Continental Insurance Company ordered to pay long-term disability benefits to bank employee
June 23, 2006, U.S. District Judge Joe B. McDade of the Central District of Illinois Ruled in favor of Susan Svejda, an employee of Mercantile Bancorp. Ms. Svedja was employed with Mercantile until 2002. After several visits to physicians and her neurologist, Dr. Douglas Sullivant, M.D., Ms. Svedja was diagnosed with MS, Chronic imbalance, depression and bowel problems including IBS (Irritable Bowel Syndrome) which require her to frequently rush to the bathroom, often times not making it due to other infirmities. As a result of these conditions, Ms. Svedja stopped working and applied for long-term disability benefits from Mercantile’s insurance contract with Continental.
Continental had Ms. Svedja’s medical records reviewed by their physician, Dr. Eugene Truchelet, who concluded there was not enough information regarding Svedja’s bowel problems to conclude whether she merits long term disability benefits, however she would require some workplace limitations including being close to a restroom.
An investigation ensued, and Ms. Svedja’s physical demands at the office were examined. The conclusion was that Ms. Svedja was required to be placed in close proximity to a restroom due to her bowel complications. Mercantile claimed it was not feasible to move Svedja’s desk to accommodate her. Mercantile subsequently denied Svedja’s claim and she promptly filed suit seeking benefits under the Employee Retirement Income Security Act (ERISA).
Judge McDade stated that Continental’s denial of Ms. Svedja’s claim was unreasonable under an arbitrary and capricious standard of review. Judge McDade stated Continental “chose to completely ignore the unfavorable information that Mercantile submitted about not being able to move Ms. Svedja’s desk close to a restroom, which would allow her to continue to work,” and “failed to provide a specific reason for denial of benefits when they ignored doctors’ opinions.”
Judge McDade found that Ms. Svedja is entitled to benefits under the disability policy. Susan Svejda v. Mercantile Bancorp Inc., et al., No. 04-1263, C.C. Ill.
Resources to Help You Win Disability Benefits
Submit a Strong Appeal Package
We work with you, your doctors, and other experts to submit a very strong appeal.
Sue Your Disability Insurance Company
We have filed thousands of disability denial lawsuits in federal Courts nationwide.
Get Your Disability Application Approved
Prevent a Disability Benefit Denial
Negotiate a Lump-Sum Settlement
Our goal is to negotiate the highest possible buyout of your long-term disability policy.
Standard insurance just dropped me with no communication with me.
Reply
What a mess
Reply
I was disabled 2003 by SS. I got SSDI 7 years too late.
Only care about $$$$$
Reply
They falsify documents and avoid contact as much as possible.
This company is a scam!
California State Disabilty "OFFSET" never mentioned or outlined when enrolling for STD coverage.
Not getting paid
Disability Benefit Denial Reason #4 - Your Doctor Is Misled By the Disability Company
Disability Benefit Denial Reason #3 - Video & Social Media Surveillance
How Do You Fight a Long-Term Disability Denial?
Disability Denial Reason #2 - Change of Disability Definition & Vocational Review
Disability Denial Reason #1 – Paper Review & IME
How to Apply for Reliance Standard Disability Benefits & Top 5 Reasons for a Claim Denial
Applying for Standard Disability Benefits? Top 5 Claim Denial Reasons
Guardian Disability Benefit Claim Handling Tips
FPL Lineman Wins Lincoln Disability Denial Appeal
Anesthesiologist Approved for Long Term Disability Benfits Plus an Extra 9 Months of Benefits
Attorney Alexander Palamara of Dell Disability Lawyers gets LTD Benefits Reinstated for former Walmart Manager who is now found disabled from Any Occupation
Research Epidemiologist with chronic fatigue / ME wins LTD appeal against Prudential
Executive Director with Meniere's Denied Long Term Disability Insurance Benefits By Hartford
Lincoln Approves Long Term Disability Benefits After Four Year Fight
Cigna Sued For Failing To Make A Timely Decision on Appeal
Lincoln National LTD Denial for Pre-Existing Condition Reversed on Appeal
Reviews from Our Clients






