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

North Carolina disability attorney is unsuccessful in obtaining disability insurance benefits for former TYCO employee

This short term disability insurance case originated from North Carolina and involved a claim that was denied under the TYCO short term disability plan. This North Carolina disability claim was not governed by ERISA as the TYCO short term disability plan is self-funded. The theory for filing a lawsuit in this claim was breach of contract, but in an unusual argument the North Carolina disability insurance attorney attempted to argue that ERISA should apply to the case. This case is an unusual disability insurance claim.

Guardian disability insurance denial is upheld by Ohio Federal Court & Sixth Circuit Court of Appeals

A federal court of appeals upheld Guardian Insurance Company’s denial of disability benefits. The claimant in this case was paid disability insurance benefits for several years, but when he returned to work for more than 40 hours a week, Guardian was convinced he was no longer eligible for benefits. The disability claimant disagreed as he did not think he was capable of working and earning the same amount of money he earned pre-disability. The court disagreed with the claimant’s argument.

Cytec Industries and Broadspire Services discontinue disability insurance benefits for army veteran suffering from PTSD

This disability insurance case was a short term disability insurance claim that was denied by Broadspire. The disability claimant was denied on multiple occasions and was finally forced to file an ERISA disability lawsuit against Broadspire Services and Cytec.

ReliaStar reduces monthly disability insurance benefits to veteran due to VA benefits

FAQ (ERISA Information):
What is the discretionary clause in a disability insurance policy?

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Disability Blog & Cases:
The evolution of denying fibromyalgia and chronic fatigue syndrome claims in group long term disability policies

As a disability claimant it is important to be aware of any limited benefit periods which may unfairly limit your benefits to two years. Once considered “fringe” conditions not commonly understood by many- especially Group Long Term Disability insurance companies, Fibromyalgia and Chronic Fatigue Syndrome (CFS) have become more prevalent, spurning widespread acknowledgment and recognition of these debilitating conditions. The medical communities acceptance of Fibromyalgia and CFS as disabling conditions have resulted in Long Term Disability insurance companies looking for ways to combat paying claims for these conditions.

Disability Blog & Cases:
Reliance Standard terminates long-term disability benefits after receiving the results of an IME and FCE

A recent federal court opinion upheld Reliance Standard’s decision to terminate a claimant’s long-term disability benefits. The Court stated that the existence of both an Independent Medical Examination (“IME”) and a Functional Capacity Examination (“FCE”) was evidence of a thorough investigation. The Court concluded that the results of those exams and the inconsistent documentation from the claimant’s physicians were sufficient proof to show that that Reliance Standard’s decision was not arbitrary or capricious.

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Disability Insurance Law TV:
20 reasons ERISA is an unfair law for disability insurance claimants 

Nationwide Disability Insurance Attorneys Gregory Dell and Stephen Jessup discuss the numerous reasons that ERISA is an unfair law that can negatively impact the thousands of people that file disability insurance claims each year.

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Disability Insurance Law TV:
MetLife disability denial reversed by court for unreasonable claim handling

In this episode disability insurance attorney Stephen Jessup discusses a recent 7th Circuit Court of Appeals case in which MetLife's ERISA disability denial was reversed for numerous reasons. This opinion is a great tool for disability insurance claimants...

Disability Blog & Cases:
Broadspire Services terminate long-term disability benefits after paying for 8 years

A Federal Appellate Court recently upheld the decision by Eaton Corporation and Broadspire Services to discontinue the long-term disability benefits to Janice Curry after paying for 8 years. In Curry v. Eaton, the Court ruled that Eaton and Broadspire were not “arbitrary and capricious” in denying continuation of her long-term benefits. The Court found that the review of the treating physicians’ reports conducted by Boroadspire’s companies’ independent physicians was sufficient for their conclusion that Curry was not “disabled” within the terms of the disability plan, even though Curry had been previously approved for Social Security disability benefits. Let’s take a closer look at the background of the case to understand why the Court sided with Eaton and Broadspire Services.

Disability Blog & Cases:
Texas Insurance Commissioner eliminates discretionary clauses in disability insurance policies

On December 6, 2010 the Texas Commission of Insurance adopted a new rule which prohibits discretionary clauses in disability insurance policies. This is a major victory for disability insurance claimants and hopefully a trend that will continue in every state...

Disability Blog & Cases:
Companion Life wrongfully relies on 22 minutes of video surveillance to deny disability insurance benefits 

This long term disability insurance case against Companion Life is another classic example of a disability insurance company's wrongful use of video surveillance to deny disability insurance benefits.  This claimant won her court battle with Companion Life, but she was forced to survive for more than 4 years without receiving any long term disability benefits. Let's take a closer look at the case of Gail Lewandowski.

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Disability Insurance Law TV:
Unum / Provident / Paul Revere Long & Short Term Disability Claims

In this episode disability insurance attorneys Gregory Dell, Stephen Jessup and Cesar Gavidia of Attorneys Dell & Schaefer discuss Unum and their handling of long term disability insurance claims. Unum has taken over all disability polices sold by Paul Revere, Provident, Unum Provident, and Colonial Life. Unum is the world's largest provider of disability insurance company and this video is short summary of the company and their disability claim handling tactics.

Disability Blog & Cases:
Pennsylvania Federal Judge orders Prudential Insurance Company to pay disability benefits to woman diagnosed with RSD

Since 2001, Prudential Insurance Company of America has approved and denied the long term disability benefits of Donna Elms on numerous occasions. Despite the approval of SSDI benefits and support from her treating physicians, Prudential wrongfully denied disability benefits. This case is a classic example of the continuous difficulties that a disability company can give a claimant throughout the duration of their disability claim. Fortunately, Ms. Elms did not give up and was successful in making Prudential pay her the disability benefits she was owed. Let's take a closer look at the Ms. Elms' 8 year battle with Prudential.

Disability Blog & Cases:
MetLife denies benefits to stockbroker disabled by depression, yet Pennsylvania Federal Judge awards disability benefits

When the Court sends a claim back to the long-term disability insurance company for another review, it is no guarantee that the insurance company will grant long-term disability benefits, as the case of Cheryl Schwarzwaelder demonstrates. In a recent case against Metropolitan Life Insurance Company (MetLife), the court remanded the case back to Metlife for further review, which resulted in another claim denial and years of further delay. Unfortunately, there are numerous cases against Metlife in which the company has repeatedly ignored the recommendations of a disability claimant's treating physician. Let's take a closer look at the long term disability insurance claim of this previously successful Pennsylvania stock broker.

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