Articles Posted in Cancer Disability Claim

In a recent case out of Massachusetts, a Court sided with a disabled claimant and found that Aetna’s decision to deny the claim for benefits was wrong. Aetna justified its denial as it believed the disabling medical condition to be a “pre-existing” condition and the policy governing this claim, like most Long Term Disability (“LTD”) policies, contained a provision that states that benefits will not be paid for pre-existing conditions that cause someone to be disabled during their first year of coverage. Specifically, the policy stated that “a disease or injury is a pre-existing condition if, during the 3 months before the date you last became covered: it was diagnosed or treated, or services were received for the disease or injury, or you took drugs or medicines prescribed or recommended by a physician for that condition.”
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In Marcin v. Reliance Standard Life Insurance Company, et al., Reliance appealed a ruling of the U.S. District Court for the District of Columbia in which the District Court found that Jill Marcin was entitled to long-term disability benefits in the amount of $2,409.74 a month plus interest and attorney’s fees. The U.S. Court of Appeals for the District of Columbia Circuit ruled in favor of Marcin and upheld the ruling of the lower court.
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Attorneys Dell & Schaefer have helped thousands of people with disabilities such as Cancer to collect short and long term disability benefits. Contact us for a free immediate consultation with one of our nationwide attorneys.
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In Shellie H Vs. Unum Life Insurance Company of America, the Plaintiff, with the assistance of her Colorado Disability Attorney, files this lawsuit after the abrupt termination of long term disability benefits. The Plaintiff seeks reinstatement of long term disability benefit payments as defined by the terms of the Plan.
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Richard R. and his Illinois disability attorney filed a lawsuit in Federal Court in Illinois on December 9, 2010 against his employer and AETNA Life Insurance Company for long term disability benefits. A Weston Engineering Inc. employee since July 6, 2009, Richard R., a headache sufferer since he was a teenager, complained to his family doctor of intensification of his headache problems. Consequently, Richard R.’s doctor increased Richard R.’s pain medication to try to remedy the situation.
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A Wisconsin disability attorney recently filed a lawsuit at the District Court for the Eastern District of Wisconsin against Sedgwick Claims Management Services, Inc and the Liberty Life Assurance Company of Boston under the Employee Retirement Income Security Act of 1974, (ERISA) for arbitrarily and capriciously denying a plaintiff’s claim for long term disability benefits.
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