Long Term Disability Law BlogIn James Wilson v. Reliance Standard Life Insurance Company, a Michigan District Court ruled in favor of Reliance and found its termination of long term disability benefits to plaintiff Wilson was not arbitrary and capricious. Plaintiff, an Air Force veteran, was employed by RCF Information System, a defense contractor, as a Programmer/Systems Analyst, a sedentary […]
Court Orders Aetna to Reinstate Long Term Disability Benefits
In Marie West v. Aetna Life Insurance Company, Plaintiff West, a contract administrator at Ciber Inc., fell down some stairs on October 22, 2007. She fractured her spine and suffered a traumatic brain injury (TBI). Although she continued working for a time, by June 2008, she had to undergo a spinal fusion. After attempting unsuccessfully […]
Attorney Alex Palamara Is Successful in ERISA Appeal Against Lincoln Financial
In this video, Disability Insurance Attorneys Alex Palamara and Gregory Dell discuss the issues with a recent case in which Dell & Schaefer Attorney Alex Palamara was successful in an ERISA appeal for his client against Lincoln Financial. Mr. Palamara was able to prove the negligence of Lincoln Financial for failing to properly investigate a […]
California Federal Court Slams SunLife for Ignoring Medical Evidence
In this video, disability insurance attorneys Rachel Alters and Gregory Dell discuss a California Federal Court decision in which a SunLife disability insurance denial was reversed. The SunLife policy holder suffering from Fibromyalgia was on claim for 5 years when SunLife abruptly decided the claimant could return to work.
Liberty Life Loses in its Bid to Deny Long-Term Disability Benefits
In Melissa Vacarro v. Liberty Life Assurance Company of Boston, Melissa Vacarro was employed by NetApp Inc., when she began suffering from fatigue, pain and deteriorating cognitive abilities, particularly in the areas of memory and comprehension. She applied for disability benefits with Liberty, the disability insurer for her employer. As an “HR Program Manger 5,” […]
Court Grants Plaintiffs Discovery Request Despite Aetna’s Objections
Roy Neil Johnston, M.D. v. Aetna Life Insurance Company involves the scope of permissible discovery in an ERISA lawsuit brought when an insurer terminates a claimant’s short-term disability benefits and denies him long-term disability benefits. Aetna initially found Johnston disabled based on the opinion of its own independent neurologist. Apparently, Aetna’s medical review found Johnston […]
9th Circuit Holds Disability Plan Failed To Consider Reliable Evidence
In Cruz-Baca v. Edison International Long Term Disability Plan, an ERISA plan, Plaintiff was employed by Southern California Edison Company (“SCE”) as a Customer Specialist 2, and, as an employee, was eligible to participate in the Plan. On October 15, 2010, Plaintiff left work due to her chronic pain and rheumatoid arthritis, and applied for […]
Court Rules ERISA Does Not Preempt Reliance’s Government Maintained Disability Plan
In Hariri v. Reliance Standard Life Insurance Company, Roxy Hariri, a former California Deputy District Attorney filed suit against Reliance asserting “claims for breach of contract and breach of the covenant of good faith and fair dealing under California law.” Reliance filed for Summary Judgment on the sole ground that provisions of the Employment Retirement […]
Reliance Insurance Company Acted Unreasonably in Denying Disability Benefits
In Marcin v. Reliance Standard Life Insurance Company, et al., Reliance appealed a ruling of the U.S. District Court for the District of Columbia in which the District Court found that Jill Marcin was entitled to long-term disability benefits in the amount of $2,409.74 a month plus interest and attorney’s fees. The U.S. Court of […]
Colorado Court Reverses CIGNA’s Long Term Disability Denial of a Geico Employee
In this video, disability insurance lawyers Victor Pena and Gregory Dell discuss a recent Cigna denial and the courts rational for reinstating long term disability benefits. The courts found that Cigna abused their discretion and wrongfully denied benefits to a former Geico employee diagnosed with trigeminal neuralgia. Cigna is known for denying long term claims; […]