Close

Long Term Disability Law Blog

Updated:

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…

Updated:

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.…

Updated:

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…

Updated:

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…

Updated:

LTD Insurer Can Rely Upon Paper Reviewers Only

NJ Court finds that a plan administrator may rely on the opinions of doctors who have reviewed a patient’s medical records, but who have not physically examined the patient. We often get asked whether long term disability insurers can rely upon the opinions of doctors’ who do a paper-only review…

Updated:

Ohio District Court Awards Plaintiff over $4,000 for Defendant’s failure to provide plan documents upon request

ERISA plan administrator penalized for failing to provide plan documents. A common question we get asked by claimants is whether you have a right to see your employer-sponsored disability policy. Claimants or prospective claimants often have trouble obtaining a copy of the disability policy or a Summary Plan Description (“SPD”)…

Updated:

Cancer Fatigue and Long Term Disability Insurance Claim Help

Attorneys Dell & Schaefer have helped thousands of people with disabilities such as Cancer to collect short and long term disability benefits. Contact us for a free immediate consultation with one of our nationwide attorneys. Our disability insurance attorneys have represented hundreds of disability insurance claimants that have been diagnosed…

Updated:

Sedgwick Denies Short-Term Disability Benefits To United Health Group Employee

United Health Group employee suffering with Fibromyalgia is denied short term disability benefits and loses her battle with Sedgwick Claims in a Virginia court. In the case of Day v. United Health Group, Inc. Short Term Disability Plan, the plaintiff sought disability benefits against the defendant, a self-funded plan that…

Updated:

Unum Sues Disability Claimant For Social Security Disability Overpayment and Wins $103,963.30

Unum Claimant receives over $103,000 in SSDI payments and Unum files lawsuit seeking repayment of disability benefits. Court Order Claimant to Pay Unum $103,963.30. A Michigan Federal court recently entered a court Order against a Unum disability claimant and former employee of Allegis Group Inc. The Unum claimant submitted a…

Updated:

CRH Maintenance Mechanic Sues Reliance Standard For Recovery of ERISA Welfare Benefits

The Plaintiff, Anthony B., has filed a lawsuit against the Reliance Standard Life Insurance Company (Reliance) for the wrongful termination of ERISA welfare benefits. This was done through his Alabama disability lawyer in the United States District Court of Alabama. In Anthony B. vs. Reliance Standard Life Insurance Company, the…

Contact Us