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.
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…
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…
A medical diagnosis and medical records are needed to inform the insurance company of your medical condition. Just as important is documentation from your doctor to communicate the extent of your condition. In this video, attorney Gregory Dell & Stephen Jessup discuss how important it is to have a complete…
An experienced disability insurance attorney will work effectively with an insurance company to get them the documentation they are entitled to. Just because an insurance company has requested a document doesn’t mean they are entitled to that document. An experienced disability attorney will sift through and sort out what needs…
Florida court finds Aetna’s denial of long term disability benefits was supported by the medical record which showed plaintiff could work in a sedentary job. Mercado v. Federal Express Corporation and Aetna Life Insurance Company is a case where a federal Florida district court sided with Aetna after evaluating Aetna’s…
California Court overturns Hartford’s denial of long term disability to plaintiff who suffers from chronic fatigue syndrome and awards benefits without remand. Nagy v. Group Long Term Disability Plan for Employees of Oracle America, Inc. (Hartford) is helpful for plaintiff’s suffering from chronic fatigue syndrome (CFS) if the insurer continues…
California federal appeals court concludes ambiguous terms in Sun Life’s disability policy must be construed in favor of the claimant, but employer is not a proper defendant. In Anderson v. Sun Life, a registered nurse presented the Ninth Circuit court of appeals with three issues she asserted were wrongly decided…
A Pennsylvania court determined Reliance Standard Life Insurance’s interpretation of ambiguous policy language was reasonable and complied with the Plan’s goals. In McGlynn v. Reliance Standard Life Insurance Company, a Pennsylvania federal district court was faced with determining whether the policy language requiring disability benefits to be offset and reduced…
Sixth Circuit remands United of Omaha Life to engage in a meaningful review process in evaluating long term disability benefits for claimant with chronic back pain. In Koning v. United Omaha Life Insurance Company, the Sixth Circuited remanded to a Michigan district court with instructions for the Plan to properly…