Disability Insurance Claims Law Blog

Disability Insurance Claims Law Blog

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Kentucky District Court concludes that Kentucky’s five year statute of limitations applies to ERISA actions

Posted in Disability Insurance Cases Nationwide, LINA

In Hester v. Life Insurance Company of North America, a recent case out of the Eastern District of Kentucky, the widow of a deceased employee of CSX attempted to bring an ERISA action, alleging that LINA wrongfully denied her claim for death benefits nearly eleven years earlier. Finding plaintiff’s civil action to be untimely, the Kentucky court entered judgment in favor of LINA.
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Court Upholds Reliance Standard’s Decision to Deny Continued Long Term Disability Benefits to former GAF Materials Corporation Employee

Posted in Disability Insurance Cases Nationwide, Reliance Standard

Although this recently decided case was not handled by Attorneys Dell & Schaefer Chartered, it can be used an educational tool for those currently on claim or those thinking of making a claim for disability benefits.

The Factual Background

Sylvia R. suffered from Chronic Fatigue Syndrome. Being employed by GAF Materials Corporation she was apparently covered by a Long Term Disability (LTD) Insurance Policy that would provide her with an income should be unable to perform the duties of her occupation. This Policy was with the Reliance Standard Life Insurance Company.
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Hartford Approves Disability Benefits At Any Occupation Stage and Then Denies LTD Benefits, But Court Reverses

Posted in Hartford

A California federal Judge recently reversed Hartford’s denial of long term disability benefits to a former manager that was initially approved from 2008 until July 2011. Hartford once again relied on their use of video surveillance and an IME report to wrongfully deny LTD benefits. Thankfully the claimant in this case took Hartford to court and won. While our disability attorneys have handled hundreds of cases against Hartford, this case was not handled by our law firm. The Judge’s opinion in this case was outstanding as it addresses all of the wrongdoing done by Hartford.
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New York Disability Insurance Scam Will Increase Disability Claim Reviews

Posted in Disability Insurance Industry News

Disability insurance attorneys Dell & Schaefer warn disability insurance claimants that the recent disability insurance scam in New York will raise the level of claim scrutiny by disability insurance companies.

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A New York Federal Court rules that Lincoln Financial abused its discretion, in part, by failing to consider the actual job duties of claimant

Posted in Lincoln National / Jefferson Pilot

What is my "Own Occupation"? The overwhelming majority of ERISA governed group disability policies provide benefits for a period of time normally lasting 12-24 months for one’s inability to perform the duties of their "Own Occupation." Although the actual policy language varies from insurance carrier to carrier, each insurance company will usually define Own Occupation to mean the duties of the occupation as is it found in the national economy and not the actual job duties you are performing for your employer. The insurance companies will in turn review your Own Occupation as it is found in either the Dictionary of Occupational Titles (DOT), O*Net or some other similar vocational resource. More often than not, many people who have had their claim for benefits denied argue that the insurance company did not consider their claim in light of the actual job duties. A recent court decision may give this argument more strength.

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Illinois court rules in favor of Prudential, finding that claimant failed to provide objective evidence of his alleged vestibular disorder

Posted in Prudential

An Illinois court rules in favor of Prudential and finds that the claimant failed to provide objective evidence confirming the existence of his alleged vestibular disorder. The court also gave greater weight to the opinions of the claimant’s treating specialists, and dismissed the contention of the primary care doctor that the claimant was disabled from working. Continue Reading

A Common Sedgwick Short Term Disability Denial Story

Posted in Sedgwick Claims

As disability insurance attorneys that help disability claimants nationwide it is frustrating when we see a repetitive trend of denial tactics by the same company. We are contacted multiple times every day from people denied benefits by Sedgwick Claims Management. Here is a recent denial of disability benefits story we received from a claimant that was denied by Sedgwick:

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