Long Term Disability Law BlogRoy 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; […]
Cognitive Dysfunction and Long Term Disability Claims
In this video Attorneys Gregory Dell and Stephen Jessup discuss Cognitive Dysfunction Disorders in Long Term Disability Claims. The symptoms of cognitive impairment range from memory loss and slowed thinking skills to confusion and poor concentration. There are many factors that would cause or contribute to a disability insurance claimant to have issues with their […]
How Much Weight Does a Disability Insurance Company Need to Give to Social Security Determinations?
It is a misconception that a disability insurance company must give weight to a favorable social security decision. The fact is, a disability insurance company does not have to be deferential to social security’s determination. However, it is in your best interest to ensure that the supportive evidence in the social security file submitted is […]
What Should You Expect When a Disability Insurance Claimant files an ERISA Lawsuit with Prudential?
In this video Attorneys Gregory Dell & Rachel Alters discuss the process of filing an ERISA lawsuit with Prudential. For an ERISA lawsuit to be filed there is first a timeline of claim deadlines, and if you don’t file within that deadline, the Court can dismiss your case on the basis that the Statute of […]
Court Criticizes United of Omaha for Favoring In House Medical Review
In this video Attorneys Gregory Dell & Victor Peña discuss a recent court decision in which the Illinois District court placed no significance on treating physician’s silence to biased opinion letter. The courts also criticized United of Omaha for failing to obtain independent examinations.
How Important Is The Support Of My Doctor In Obtaining Disability Insurance Benefits?
Disability insurance attorneys Cesar Gavidia and Gregory Dell stress the importance of strong medical support from a treating doctor. Lack of support from a treating doctor will result in the denial of long term disability benefits. The support of every doctor is essential throughout the duration of the disability claim and not just when submitting […]