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Long Term Disability Law Blog

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Aetna Denial of ERISA disability appeal filed on day 182 is reversed by court

The Ninth Circuit ruled that if the internal deadline for a long-term disability claimant to file an administrative appeal falls on a Saturday, Sunday or holiday, the deadline is extended to the next day that is not a Saturday, Sunday or holiday. In LeGras v. Aetna Life Ins. Co., the…

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California Federal Judge Finds Aetna Wrongly Denied Claimant’s Long-term Disability Benefits But Properly Denied Their Waiver of Life Insurance Premium

The U.S. District Court for the Central District of California recently ruled that a claimant, diagnosed with relapsing remitting multiple sclerosis and insured under Aetna long-term disability and life insurance policies, qualified for benefits under the long-term disability insurance policy but did not qualify for waiver of premium benefits under…

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Court Rules that Employee who Resigned from Employment but Was Being Paid Accrued Time Off from Employer at Time of Severe Injury is Not Eligible for Disability Benefits

United States District Court Rules that CIGNA was correct to deny benefits to an employee who resigned from employment but was collecting accrued Paid Time Off at time of Injury. In a recent opinion out of the United States District Court Middle District of Tennessee, a Court upheld Life Insurance…

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Fibromyalgia Subject to Self-Reported Symptoms Limitation Despite “Objective” Trigger Points Test

New Hampshire Court holds that Unum properly terminated LTD benefits based on self-reported pain limitation clause in policy even though Plaintiff provided objective proof of disability through a positive trigger point test. 24 Month Limitation for Self-Reported Symptoms Many disability polices contain a clause limiting benefits to 24 months when…

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