Long Term Disability Law BlogThose facing the inability to work due to a disability often till have a lot of work to do – in the form of fighting for their disability insurance benefits. Far too often the individual is the one being neglected and pushed around, even by their own insurance providers who is supposed to help them […]
If Your Long Term Disability Claim is Denied due to a Pre-Existing Condition, All May Not be Lost
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”) […]
Court Rules Against Sedgwick Claims Management and Remands for New Review
In Jennifer L. Miller v. Sedgwick Claims Management Services, Inc. (Sedgwick), Plaintiff, an account manager for American Honda Motor Company, suffered from many debilitating medical conditions, particularly fibromyalgia, which included insomnia, chronic pain, inflammatory arthropathy, and fatigue. Her last day of work was May 3, 2017.
Long-Time Clients and Neuro-Psych Evaluations: A Case Study
No matter how long you’ve been on disability insurance, your insurance company can evaluate and discontinue your disability insurance benefits at any time. So it’s paramount to be ready for them to take it away. Even if you’ve been collecting disability insurance for a decade or more, your insurance company can discontinue it by administering […]
Disability Insurance Attorneys Gregory Dell and Alex Palamara Review Aetna Denial Case
In this case, a policyholder was diagnosed with an aggressive form of skin cancer and had to undergo treatments. Due to the date of his policy renewal and the date of his treatments, the policyholder did not expect there to be any issue regarding his eventual claim when he had to file for disability. The […]
ERISA Regulations Helps Lawyers AND Claimants
The ERISA regulations were drafted by the Department of Labor after feedback from lawyers, defense attorneys, insurance companies, and a variety of advocate organizations. There is one regulation in particular that is especially beneficial for claimants that insurance attorneys Gregory Dell and Stephen Jessup are excited about because they’ve been on the losing side of […]
Florida Court Upholds Reliance’s Denial of Long-Term Disability Benefits
In Christopher Foglia v. Reliance Standard Life Insurance Company, Plaintiff, a former Vice President of Realogy Group, LLC (Realogy), was awarded long-term disability benefits (LTDs) when he became unable to perform all the duties of his own occupation. He had been diagnosed with numerous medical problems, including HIV, Hepatitis C, and many symptoms that accompany […]
Court Upholds United of Omaha’s Denial of Long Term Disability Benefits
In Giovanna Reichard v. United of Omaha Life Insurance Company, the Plaintiff received both short term and long term disability benefits from her employer primarily due to her Crohn’s disease and related gastrointestinal issues and rheumatoid arthritis. During the first 24 months of her disability, she only had to prove that she could not perform […]
Mississippi Court Ordered Reliance to Pay Long Term Disability Benefits
In the case of Juanita Nichols v. Reliance Standard Life Insurance Company, the plaintiff, aged 62, developed circulatory disorders including Raynaud’s disease. These conditions prevented her from working at her life-long job as a Hazard Analysis and Critical Control Points Coordinator at Peco Foods chicken processing plant. Raynaud’s is a condition where exposure to cold […]
Cigna’s Termination of Disability Benefits was Arbitrary and Capricious
The case of Lani Kyle Moar v. Cigna Corporation, et al., demonstrates the lengths insurance companies will go to avoid paying long term disability benefits. This Plaintiff’s perseverance resulted in the Court ordering Cigna to pay past due benefits, but also gave Cigna a new chance to deny benefits in a way that will not […]