Long Term Disability Law BlogDisability Attorneys Dell & Schaefer provide legal services for disability claimants that have a short-term or long-term disability insurance policy purchased from Assurity Life. In this video disability insurance attorney Cesar Gavidia discusses the problems that can result when a disability insurance company, in written correspondence, mistakenly represents the amount of coverage under a disability […]
Aetna Long Term Disability Claim Denial Information
Long term disability insurance attorneys Gregory Dell and Cesar Gavidia discuss things that a person should expect if they have been denied disability benefits by Aetna insurance company. We discuss the ERISA appeal process and how Aetna will review the disability appeal that must be filed following a claim denial.
Court Orders Lincoln National to Pay Long Term Disability Benefits
In Jamie S. Flanagan v. The Lincoln National Life Insurance Company, Plaintiff was a nurse practitioner who was unable to work after a lumbar fusion failed and left her with nerve root scarring. She also had spondylolisthesis. Her employer had a welfare benefit plan which included long term disability (LTD) coverage. Lincoln approved her claim […]
Court Orders Unum to Pay LTD Benefits to Attorney with Neuropathy
In Ralph Dewsnup v. Unum Life Insurance Company of America, the U.S. District Court for the District of Utah, Central Division, held that Plaintiff clearly showed, by a preponderance of the evidence, that he was entitled to long-term disability (LTD) benefits that were incorrectly terminated by Unum. It all started on March 18, 2015, when […]
Insurance Company’s Denial of Disability Benefits was Arbitrary and Capricious
In Kimberly J. Guest-Marcotte v. Life Insurance Company of North America, Plaintiff, an insurance risk manager, was diagnosed with Ehlers-Danlos Syndrome (EDS) Type III, a hereditary disease characterized by loose connective tissue which results in frequent joint dislocations and subluxations. In June 2013, due to chronic pain and fatigue, Plaintiff quit work and applied for […]
Unum Loses its Bid to Have Case Dismissed and to Introduce New Evidence
In Anne Wittmann v. Unum Life Insurance Company of America (Unum), the U.S. District Court for the Eastern District of Louisiana did not make any ruling about whether or not Wittmann, an attorney suffering from fibromyalgia, was entitled to long term disability benefits. The only question presented was whether or not she had exhausted her […]
Appeals Court Rules in Favor of Life Insurance Company of North America Denial of Long-Term Disability Benefits
In the case of Green v. Life Insurance Company of North America (LINA), Plaintiff Michael Green was a truck driver for McLane Company, Inc. (McLane). In December 14, 2014, he began having symptoms of foggy and cloudy vision. His ophthalmologist diagnosed him with posterior vitreous detachment (PVD) in his right eye and sent him back […]
Court Rules Unum’s Denial of LTD Benefits was Arbitrary and Capricious
In Joan Clark v. Unum Life Insurance Company of America and Unum Group Corporation (Unum), Clark worked approximately 33 years for Aerospace Testing Alliance (ATA) in Tullahoma, Tennessee, as an instrument technician. For about half of those years, she suffered from systemic lupus erythematosus (lupus). Except for a short time in 2012, she continued to […]
Appellate Court Upholds Liberty’s Denial of Long-Term Disability Benefits
In Damon Zaeske v. Liberty Life Assurance Company of Boston, Zaeske stopped working on April 4, 2014, due to chronic back pain. His initial application for long-term disability benefits was approved with the caveat that his medical condition would be subject to periodic evaluation. He began receiving benefits on July 6, 2014. In late October […]
Understanding the New Regulations for ERISA
Those facing the inability to work due to a disability often till have a lot of work to do – in the form of fighting for their disability insurance benefits. Far too often the individual is the one being neglected and pushed around, even by their own insurance providers who is supposed to help them […]