Disability Benefit Claims Law Blog : Disability Benefits Lawyer & Attorney : Dell & Schaefer : Disability Insurance Claims Law Blog

Our client was an OB/GYN with 18 years of experience who was suffering from Sensory motor and Peripheral Neuropathy; disc degeneration and herniations of the lumbar, thoracic and cervical spine, with associated radiculopathy; osteoarthritis / degenerative joint disease; and the loss of vision in his left eye. He attempted to continue to work through the constant pain he was experiencing, but was eventually forced to cease working and file for disability insurance benefits under his privately disability policy with MetLife.

→ Continue reading MetLife approves disability insurance benefits for OB/GYN suffering from multiple orthopedic conditions

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In a recent long-term disability case against The Standard Insurance Company the court granted specific discovery request in order to further explore The Standard's potential conflict of interest. The Standard objected to all questions that the claimant's disability attorney had asked with regard to The Standard's potential bias and conflict of interest. Prior to granting the disability claimant's specific interrogatories sent to The Standard, the federal judge noted previous information which showed a bias in the working relationship between the Standard and the physicians that they hired to review long-term disability claims.

→ Continue reading The Standard Disability Insurance Company paid one doctor $577,000 to review 1,939 files over 2 years

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Our client was a former United States postal worker who became disabled due to a back injury he sustained in an automobile accident in 2003. Several years before the accident, he purchased a disability insurance policy offered by his credit card company, which provided a lump sum payment in the amount of one million dollars if he became permanently disabled. The disability insurance policy was administered and funded by Federal Insurance Company. Following the accident he was in and out of work for approximately ten months. Upon returning to work he aggravated his back, and was forced to miss additional work. Despite his best attempts to return to work he was ultimately forced to cease working in October of 2004. At that time he filed for Social Security disability benefits, which were ultimately awarded in June of 2005.

→ Continue reading Federal Insurance Company and former postal worker reach confidential settlement regarding lump-sum disability policy

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Our client, a financial currency trader, purchased a long term disability policy from Unum more than 10 years before she was forced to file a claim. Our client was a successful currency trader with a history of depression and bouts of severe fatigue, who, due to her conditions stopped working in January of 2008. For over 18 months she was unable to get out of bed most days, let alone remember or consider the disability insurance policy she had purchased many years before.

In August of 2009, with the assistance of her family, she filed a claim for long term disability income benefits under her Unum policy based on her depression and chronic fatigue. Unum immediately informed her of the notice of claim and proof of loss provisions in her policy, which establish the deadlines for the filing of information. Additionally, they began to request numerous documents of her, many of which were no longer available, as her former employer was no longer in business.

Overwhelmed by the situation and facing financial hardships they contacted Dell and Schaefer at the end of November 2009, to take over the handling of the claim.

→ Continue reading Unum issues disability insurance benefits to currency trader suffering from depression and chronic fatigue

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Our client, an OB/GYN purchased long term disability insurance policies from Berkshire and Liberty Mutual in hopes that he would never need to file a disability claim. He began experiencing a slight tremor in his left hand in 2006. At that time he sought treatment to determine the origin of the tremor and his options for treatment. It was initially determined that the tremor was minimal and was not impacting his ability to practice as an OB/GYN.

→ Continue reading Berkshire and Liberty Mutual approve benefits to OB/GYN suffering from essential tremor

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Unum Provident Reviews Approved Benefits to Assure Continuing Qualification

When Nancy Perryman stopped working on February 28, 1997 she was the Western Farm Bureau Insurance Company's agency manager for metropolitan Phoenix and Northern Arizona. She supervised between 18 and 21 insurance agents who worked out of Western Farm Bureau's various insurance offices. She's earned around $300,000 each year in commissions, with average monthly earnings of almost $19,000 for the two years before she stopped working.

→ Continue reading Unum Provident terminates disability benefits to woman with chronic fatigue syndrome (CFS) (Part I)

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When Nancy Perryman stopped working, she was the Western Farm Bureau Insurance Company's agency manager for metropolitan Phoenix and Northern Arizona. It was a complex job, in which she supervised between 18 and 21 insurance agents at Western Farm Bureau's various insurance offices. She's earned around $300,000 each year in commissions, with average monthly earnings of almost $19,000 for the two years before she stopped working.

→ Continue reading Arizona Court rules Provident wrongfully terminated disability benefits to insurance manager with CFS (Part II)

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Rosemary McGahey's long-term disability attorney did an excellent job of representing her in U.S. District Court's Massachusetts district in December of 2009. McGahey's disability attorney carefully demonstrated that the administrators of the Harvard University Flexible Benefits Plan had wrongfully terminated McGahey's long-term disability benefits. As part of the court's decision to award McGahey compensation for the expense of pursuing her claim in court, her disability attorney was given instructions to put together the appropriate documentation to demonstrate what the attorney fee award should be.

→ Continue reading Harvard University ordered to pay $53,817.50 in attorney fees to disability insurance claimant

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Lisa Pakovich and her former employer's long-term disability plan had been in and out of court for almost five years when Judge Michael Reagan listened to arguments between Pakovich's disability attorneys and Verizon Long-term Disability Plan on March 24, 2010. It was the third time he had considered this case in less than a year. He's not the first judge to consider Pakovich's claim. Three U.S. Court of Appeals, Seventh Circuit judges heard arguments in Pakovich v. Broadspire Services, Inc., 535 F. 3d 601 in April 2008. The decision rendered on July 25, 2008 has been cited in a number of decisions that have involved disability insurance claims since then.

The matter before Judge Reagan this time was which side's motion for summary judgment should be granted by the Court. In order to prepare a fair memorandum and order, a review of the history of Pakovich's claim, while redundant to the Judge, remained important to a decision that could stand as a separate document.

→ Continue reading Disability battle against Verizon and Broadspire long-term disability plan lingers in courts for years

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If Judge Michael J. Reagan is beginning to tire of considering the case between Lisa Pakovich and her former employer's long-term disability plan, he may have good reason to. He has had to listen to arguments from both Pakovich's long-term disability attorneys and the Verizon Long-Term Disability Plan (Plan) attorneys at least four times in less than a year. He's not the first judge to consider Pakovich's claim. Pakovich v. Broadspire Services, Inc., 535 F. 3d has been cited in a number of Seventh Circuit decisions.

On March 24, 2010, Judge Reagan entered his ruling granting Pakovich's motion for summary judgment. In response, Packovich's disability attorneys filed a motion for attorney's fees. Judge Reagan considered the motion to collect these fees on April 22, 2010. In his decision, he first breaks down the legal standard that guided his decision. Then he compares Pakovich's motion against that standard.

→ Continue reading Broadspire ordered to pay disability insurance benefits but not attorney fees

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Physician's Failure to Fill Out Functional Limitations Paperwork Costs Man Rightful Benefits

A supporting physician is essential for any claimant to receive long-term disability benefits. However, a treating physician must do far more than just diagnosis a disabling medical condition. The decision rendered by the U.S. Court of Appeals, Seventh Circuit in Williams v. Aetna Life Insurance Company continues to have an impact on long-term disability decisions in U.S. Courts even though it has been over two years since Lee K. Williams lost his appeal against Aetna Life Insurance Company (Aetna) and The Sysco Corporation Group Benefit Plan (Plan). Williams' unsuccessful attempt to secure a Court reversal of his long-term disability denial for chronic fatigue syndrome (CFS) continues to shape the strategies of disability attorneys as they help their clients perfect their claims for this non-objective ailment.

→ Continue reading Aetna denial of long-term disability benefits for chronic fatigue syndrome upheld by Court

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Frequently, a disability attorney finds that additional information is needed before he or she can demonstrate that a conflict of interest has motivated the denial of benefits by an ERISA governed disability insurance company. In order to secure this information, the disability insurance attorney files a Motion to Compel Discovery. In response, the disability insurance company inevitably contests the need to provide this information.

→ Continue reading Court orders Citigroup and MetLife to answer discovery request exposing conflict of interest in long-term disability benefit denial

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Disability Insurance Attorney Gregory Dell was retained to help an industrial salesman negotiate a lump-sum buyout offer with Life Insurance Company of North America (LINA), also knwon as CIGNA Group Insurance.

Our client had been on claim for several years as a result of a cardiac condition. His claim had not been smooth as he had previosuly been denied by LINA and was forced to file an appeal in order to reinstate his benefits. His policy paid him long-term disability benefits until age 65 if he remained disabled.

→ Continue reading Life Insurance Company of North America (CIGNA) lump sum settlement buyout offer obtained for former salesman

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When Barbara Sterio's disability attorney presented arguments on February 11, 2010 before the Ninth Circuit United States Court of Appeals, he was unsuccessful in convincing the court to review her denial of benefits under the de novo standard of review. But the three judges reviewing Sterio's claim, found that even though the District Court had been correct in choosing to use the abuse of discretion standard of review, that standard had not been applied correctly. A review of the background behind Sterio's disability benefits application will demonstrate why the Court of Appeals reversed the decision of the District Court.

→ Continue reading HM Life and Broadspire wrongfully deny disability insurance benefits to a receptionist and 9th Circuit Court of Appeals reverses claim denial

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