UNUM insurance company seems to been firing up more denials and looking at people that have been on claim for a while. Most claimants think that if they have been on claim for a few years, then they should remain on claim until the policy ends. Unfortunately this is not true as Unum is constantly reviewing the claim of each person receiving benefits. We recently were contacted by a claimant that was denied benefits after 15 years and that is not unusual. In this video disability insurance lawyers Gregory Dell and Cesar Gavidia discuss Unum’s claim handling activities and some of the reasons that a long term disability insurance claim could be denied.
Hundreds of ERISA disability lawsuits are filed every year as a result of the denial of disability insurance benefits. In this video, nationwide disability attorneys Rachel Alters and Gregory Dell discuss some of the most common issues that we see when and ERISA disability lawsuit needs to be filed. Hopefully this video will provide some insight into common issues that arise when an ERISA suit needs to be filed. Rachel Alters or any of the lawyers on her legal team can be contacted to discuss your claim.
It depends on the language of the insurance policy. Mostly likely the answer is YES, each disability insurance company can deduct the full amount of the SSDI payment from each of the disability benefit payments. Read more here.
In Thomas v. Prudential Insurance Co. of America, et al., plaintiff Thomas learned the hard way the importance of filing an ERISA lawsuit within the time frames established by the employer-sponsored disability benefits plan. Without even referencing the medical condition upon which Thomas based her claim for long-term disability benefits, a federal district court in Louisiana dismissed her lawsuit due to her failure to file it on time.
Federal law governing ERISA disability lawsuits requires claimants to submit an administrative appeal of the denial of benefits before they can file a lawsuit in the federal district court. In the recent case of Lewis-Burroughs v. The Prudential Insurance of America, et al., the plaintiff filed an administrative appeal and, according to Prudential’s own rules, consistent with federal law, the insurer had a maximum of 90 days to render its decision.
This recent California Federal ERISA long term disability case is another example of an unreasonable denial by the Standard Insurance Company. While this lawsuit was not handled by our disability insurance lawyers, we felt that disability insurance claimants could learn a lot from the findings of this disability lawsuit.
In a case not handled by Attorneys Dell & Schaefer, but which can be utilized to our clients’ advantage in the future, a Long Term Disability (LTD) Claimant has earned a partial victory against Standard Insurance Company.
Can a Functional Capacity Evaluation be Useful to determine if a Claimant with Fibromyalgia is disabled?
It is very common for an insurance company to deny disability benefits to individuals suffering from Fibromyalgia. This happens more often than not due to the inability to provide the insurance company with objective proof of the disability, as none exists. There are no known objective tests for fibromyalgia at this point in time. Continue Reading
In this recent case out of the Eastern District of Pennsylvania the court found that Unum had abused its discretion when it failed to consider whether the claimant could do the material and substantial duties of her regular occupation. The case answers a question posed by many claimants: Is the insurance company obligated to consider my job duties when evaluating my claim?
In a recent ruling from the United States District Court District of Nevada, a Judge ruled that CIGNA/LINA was wrong in denying continued Long Term Disability Benefits to Kimberly Brown.