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…
Long Term Disability Law Blog
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…
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,…
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…
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…
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…
Disability Lawyers Discuss the Importance of Medical Documentation of Disabling Medical Condition
In this video, disability insurance lawyers Gregory Dell and Alex Palamara discuss Mr. Palamara’s recent win of an administrative appeal against Mutual of Omaha. The claimant suffered from a multitude of medical issues, including COPD, emphysema, lupus, spinal stenosis, and fibromyalgia. Mutual of Omaha denied his claim for short term…
Disability Lawyers Discuss Aetna’s Denial of Long-Term Disability Benefits to Software Engineer Who Had a Stroke
In this video, Attorneys Gregory Dell and Cesar Gavidia discuss a current case Mr. Gavidia is litigating in Federal court concerning Aetna’s initial granting, then denying, long term disability benefits to a software engineer who suffered a stroke in 2011. He later returned to work, but after about three years,…
Disability Lawyers Discuss Transition of Disability Definition from Inability to Work in “Own Occupation” to “Any Occupation”
This video is of disability attorneys Gregory Dell and Stephen Jessup discussing a case Mr. Jessup won on appeal against Hartford on behalf of his client who suffered from pain, swollen joints, and cognitive dysfunction due to Rheumatoid Arthritis (RA). The man reported that his pain was under control, but…
Dell & Schaefer Disability Lawyers Discuss Importance of a Functional Capacity Exam and Proper Analysis of Injuries Under the War Exclusion
In this video, disability attorneys Gregory Dell and Victor Peña discuss a case Mr. Peña won against MetLife for a claimant who came to us after his first appeal to MetLife was denied and his then attorney refused to continue. The man worked in a job that was classified as…