Long Term Disability Law BlogIn 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 […]
If Your Long Term Disability Claim is Denied due to a Pre-Existing Condition, All May Not be Lost
In a recent case out of Massachusetts, a Court sided with a disabled claimant and found that Aetna’s decision to deny the claim for benefits was wrong. Aetna justified its denial as it believed the disabling medical condition to be a “pre-existing” condition and the policy governing this claim, like most Long Term Disability (“LTD”) […]
Court Rules Against Sedgwick Claims Management and Remands for New Review
In Jennifer L. Miller v. Sedgwick Claims Management Services, Inc. (Sedgwick), Plaintiff, an account manager for American Honda Motor Company, suffered from many debilitating medical conditions, particularly fibromyalgia, which included insomnia, chronic pain, inflammatory arthropathy, and fatigue. Her last day of work was May 3, 2017.
Long-Time Clients and Neuro-Psych Evaluations: A Case Study
No matter how long you’ve been on disability insurance, your insurance company can evaluate and discontinue your disability insurance benefits at any time. So it’s paramount to be ready for them to take it away. Even if you’ve been collecting disability insurance for a decade or more, your insurance company can discontinue it by administering […]