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Long Term Disability Law Blog

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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…

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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…

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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”)…

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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…

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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…

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