The case of Kindig v. Anthem Life Insurance Company provides an example of how claimants of long term disability benefits may sabotage their own case. A New York Federal Court concluded that Anthem did not act arbitrarily or capriciously by terminating benefits to its claimant following his hip replacement surgery when the court found:
1) his treating physician concurred with the reviewing physician’s report that he was not disabled; and
2) the claimant was actively seeking similar employment with other companies. Continue Reading
In Okuno v. Reliance Standard Life Insurance Company, the plaintiff was diagnosed with Crohn’s disease, Sjogren’s syndrome and possibly narcolepsy. Her claim for long-term disability was denied when Reliance determined she could perform the duties of her own occupation. She exhausted her administrative remedies and filed this lawsuit under the provisions of ERISA. In court, she claimed Reliance erred in determining she was not disabled from her own occupation instead of analyzing whether she was disabled from any occupation. The district court disagreed with the plaintiff holding that when Reliance determined she could perform her own occupation it “of course recognized that she could perform a job fitting within the plan definition of ‘any occupation.'” Continue Reading
Cigna is one of the world’s largest group disability insurance companies. In this video disability attorneys Gregory Dell and Stephen Jessup discuss Cigna’s latest strategy for handling and the denial of disability benefit claims.
A recent case out of the Northern District of Illinois reminds us of the hundreds, maybe thousands, of disability insurance cases we have had against Hartford insurance company. Although we did not handle this particular case, we believe our video and discussion about this recent case will be helpful to those who have had their long term benefits terminated.