A recent disability insurance court decision against United of Omaha Life Insurance Company, and affiliate of Mutual Of Omaha Insurance Company is a great victory for claimants suffering with either fibromyalgia or rheumatoid arthritis. The Alabama Federal Judge states in her 39 page written opinion that it was abuse of discretion for United of Omaha to deny disability benefits during the any occupation stage of benefits. The court further states that Omaha’s action do not pass the “smell test” as Omaha ignored the claimant’s approval of SSDI disability benefits, yet took the offset for SSDI benefits that had been paid.
Omaha argued that the claimant had a somatization disorder and does not have any objective evidence of her condition. The court correctly states, “If the court were to require objective facts such as lab tests or an x-ray to support a diagnosis, no patient would ever be disabled based on fibromyalgia.” The court defers to the American College of Rheumatology criteria for fibro.
This case was not handled by our law firm but it is important for a disability claimant to read the full court opinion to learn how a disability insurance company can try to take advantage of a disability claimant.
Our disability attorneys have helped numerous claimants to obtain disability benefits from Mutual of Omaha and United of Omaha Life. We welcome you to contact us for a free consultation.