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Articles Posted in Disability Insurance Benefits Claims Research
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.
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 the life insurance policy.
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.
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.
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.
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 fever, headache, fatigue, and a […]
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.
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.
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.