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Long Term Disability Law Blog

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9th Circuit Holds Disability Plan Failed To Consider Reliable Evidence

In Cruz-Baca v. Edison International Long Term Disability Plan, an ERISA plan, Plaintiff was employed by Southern California Edison Company (“SCE”) as a Customer Specialist 2, and, as an employee, was eligible to participate in the Plan. On October 15, 2010, Plaintiff left work due to her chronic pain and…

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Court Rules ERISA Does Not Preempt Reliance’s Government Maintained Disability Plan

In Hariri v. Reliance Standard Life Insurance Company, Roxy Hariri, a former California Deputy District Attorney filed suit against Reliance asserting “claims for breach of contract and breach of the covenant of good faith and fair dealing under California law.” Reliance filed for Summary Judgment on the sole ground that…

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Reliance Insurance Company Acted Unreasonably in Denying Disability Benefits

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…

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Colorado Court Reverses CIGNA’s Long Term Disability Denial of a Geico Employee

In this video, disability insurance lawyers Victor Pena and Gregory Dell discuss a recent Cigna denial and the courts rational for reinstating long term disability benefits. The courts found that Cigna abused their discretion and wrongfully denied benefits to a former Geico employee diagnosed with trigeminal neuralgia. Cigna is known…

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Cognitive Dysfunction and Long Term Disability Claims

In this video Attorneys Gregory Dell and Stephen Jessup discuss Cognitive Dysfunction Disorders in Long Term Disability Claims. The symptoms of cognitive impairment range from memory loss and slowed thinking skills to confusion and poor concentration. There are many factors that would cause or contribute to a disability insurance claimant…

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How Much Weight Does a Disability Insurance Company Need to Give to Social Security Determinations?

It is a misconception that a disability insurance company must give weight to a favorable social security decision. The fact is, a disability insurance company does not have to be deferential to social security’s determination. However, it is in your best interest to ensure that the supportive evidence in the…

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What Should You Expect When a Disability Insurance Claimant files an ERISA Lawsuit with Prudential?

In this video Attorneys Gregory Dell & Rachel Alters discuss the process of filing an ERISA lawsuit with Prudential. For an ERISA lawsuit to be filed there is first a timeline of claim deadlines, and if you don’t file within that deadline, the Court can dismiss your case on the…

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Court Criticizes United of Omaha for Favoring In House Medical Review

In this video Attorneys Gregory Dell & Victor Peña discuss a recent court decision in which the Illinois District court placed no significance on treating physician’s silence to biased opinion letter. The courts also criticized United of Omaha for failing to obtain independent examinations.

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How Important Is The Support Of My Doctor In Obtaining Disability Insurance Benefits?

Disability insurance attorneys Cesar Gavidia and Gregory Dell stress the importance of strong medical support from a treating doctor. Lack of support from a treating doctor will result in the denial of long term disability benefits. The support of every doctor is essential throughout the duration of the disability claim…

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Court Rejects Expanded Mental Illness Limitation to Coverage

In Jarillo v. Reliance Standard Life Ins. Co., Judge Michael M. Anello of the United States District Court of the Southern District of California held that plaintiff Marife Jarillo met her burden of proof and was entitled to benefits under the ERISA. For about eight years, Jarillo worked in the…

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