It is not impossible to get STD or LTD benefits while collecting unemployment benefits, but a claimant would be much better off not seeking unemployment. Watch attorneys Gregory Dell & Cesar Gavidia discuss this topic.
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Long Term Disability Law Blog
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IME Exams are on the Rise
Watch disability attorneys Gregory Dell & Stephen Jessup discussing the increase of disability IME exams.
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ERISA Disability Lawsuits Can Be Won
Check out our recent video in which disability insurance lawyers Rachel Alters and Gregory Dell discuss the most common challenges they encounter with ERISA disability lawsuits. Contact any of our nationwide disability insurance lawyers for a free consultation.
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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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Reliance Standard’s Failure to Conduct IME Was Arbitrary and Capricious According to Pennsylvania Court
Pennsylvania Court holds that Reliance Standard’s failure to conduct an in-person independent medical examination of a plaintiff suffering from depression/anxiety was an abuse of discretion. More often than not, insurance companies get away with conducting paper reviews on claimants with disability claims who suffer numerous physical and mentally disabling conditions.…
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Court May Take Judicial Notice of CDC Standards for Diagnosing Lyme Disease in ERISA Case
What is Lyme Disease? Lyme disease is an extremely controversial illness that effects thousands of individuals around the country. According to the Center for Disease Control: Lyme disease is caused by the bacterium Borrelia burgdorferi and is transmitted to humans through the bite of infected blacklegged ticks. Typical symptoms include…
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Appeals Court Agrees that Reliance Standard’s Decision to Deny Long Term Disability Benefits was Incorrect; Benefits Reinstated
Disabled Bank Teller for National City Corporation wins lawsuit against Liberty Life after she was denied continued long term disability benefits. While this recently decided case was not handled by Attorneys Dell & Schaefer, it can certainly be used for guidance for all LTD claimants, including our clients currently on…