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Long Term Disability Law Blog

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Court Rules Unum’s Denial of LTD Benefits was Arbitrary and Capricious

In Joan Clark v. Unum Life Insurance Company of America and Unum Group Corporation (Unum), Clark worked approximately 33 years for Aerospace Testing Alliance (ATA) in Tullahoma, Tennessee, as an instrument technician. For about half of those years, she suffered from systemic lupus erythematosus (lupus). Except for a short time…

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Appellate Court Upholds Liberty’s Denial of Long-Term Disability Benefits

In Damon Zaeske v. Liberty Life Assurance Company of Boston, Zaeske stopped working on April 4, 2014, due to chronic back pain. His initial application for long-term disability benefits was approved with the caveat that his medical condition would be subject to periodic evaluation. He began receiving benefits on July…

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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…

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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. Plaintiff applied for short-term…

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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…

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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…

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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…

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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,…

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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…

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