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

Disability Blog & Cases:
UNUM class action filed by New York disability insurance attorneys is dismissed by Federal Judge

A Federal District Court in New York recently dismissed the class action lawsuit of four individuals whose disability insurance claims were denied or terminated by the Unum Provident Corporation. The individuals filed the lawsuit because they believed that Unum denied or terminated their claims to meet expectations as to revenue and profit for the corporation. To understand the Court’s decision, we must look at the underlying facts of the case. It is unfortunate that after several years of litigation, the New York disability insurance lawyers and their clients were unsuccessful in obtaining long term disability insurance benefits. The court did not dispute Unum’s unreasonable claims handling tactics, rather the court dismissed the case because the Judge felt that any further action against UNUM in light of the RSA agreement would be moot. Let’s take a closer look at the facts.

Disability Blog & Cases:
Disability insurance claimant’s allegation of bad faith against Unum Provident is disallowed due to ERISA regulations

A federal district court in California recently ruled that a disability claimant could not recover on his state-law claim for breach of implied covenant of good faith and fair dealing. This specific count is also known as “Bad Faith”. The court found that the disability plan at issue fell under the federal ERISA statute, and, as such, his state-law claim was preempted by ERISA. ERISA prohibits bad faith claims, which is why every insurer always wants a claim to be governed by ERISA. Check out our video on why ERISA is an unfair law. This case is a good summary of the law in California regarding when a disability policy may be exempt from ERISA. The California disability insurance attorneys that filed this ERISA disability lawsuit did a good job in trying to make this case exempt from ERISA. Let’s take a closer look to understand why the court found that the disability plan fell under the ERISA statute and why they ruled that his bad faith allegation was dismissed. .

FAQ | ERISA Information:
Can my disability insurance policy be exempt from ERISA?

One of the first things our disability insurance attorneys will do with every disability claim is to determine whether or not the disability insurance policy is governed by ERISA. Check out our video to learn why ERISA is an unfair law for disability insurance claimants. The analysis to determine if a disability plan is exempt from ERISA is complicated when a disability claimant received their policy through their employer. If you purchased your disability policy from an insurance agent or through an organization that is not your employer, then your disability policy is Exempt. If you are a government or church employee, then your disability plan is exempt from ERISA.

Disability Blog & Cases:
Disability insurance companies challenge heart disease disability insurance claims

According to the American Heart Association, one out of three, or approximately 81 million Americans have heart disease. In 1963 Congress proclaimed February as “American Heart Month” in order to raise awareness and fight the battle against heart disease. Millions of Americans each year are unable to work as a result of heart disease and are forced to file for either disability insurance benefits or social security disability benefits. Heart disease, also known as cardiovascular disease, includes high blood pressure, coronary heart disease, stroke, heart failure, and congenital heart defects. More than 5.8 million Americans have heart failure. Disability lawyer firm Dell & Schaefer participates each year in multiple events to help raise funds to battle heart disease.

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Disability Blog & Cases:
Principal Life denies disability benefits to a physician and then seeks attorney fees after physician’s disability denial is affirmed by Texas Judge

Dr. Bruce Leipzig had been denied long-term disability benefits by Principal Life Insurance Company, and brought his ERISA case before the District Court covering the northern part of Texas. After hearing the case, the Court issued summary judgment in favor of the disability insurance company.

Disability Blog & Cases:
CIGNA destroys copy of accidental disability insurance policy but claimant is able to prove existence of policy and obtain benefits

An interesting disability claim arose in 2008 that highlights the challenges a disabled individual can face when a span of time exists between the time of a covered event and the manifestation of an injury associated with that event. This case against CIGNA is rare because it is an accident and sickness policy rather than a traditional disability insurance policy. It is also rare, because most disability insurance companies will not lose a copy of your policy. A disability claimant should make every effort to keep the original copy of their disability insurance policy. A New York ambulance volunteer, George Glew, discovered this when he sought to claim disability benefits under a CIGNA Life Insurance Company of New York (CIGNA) policy that covered accidents and sickness for employees and volunteers in the Shirley Community Ambulance Company. This case is rare because it is an accident and sickness policy rather than a traditional disability insurance policy.

Disability Blog & Cases:
Sun Life Insurance Co. wrongfully denies disability insurance benefits following disability claimant's failure to respond timely

It isn’t always the claimant who appeals a District Court decision. The District Court may rule in favor of the claimant and have its decision challenged by the disability insurance provider. Wenner v. Sun Life Assurance Company of Canada is just such a case. Arguments were heard in the U.S. Court of Appeals, Sixth Circuit, located in Cincinnati, Ohio. The case arose from Nashville, Tennessee. This entire disability claim could probably been avoided had the claimant hired a disability insurance attorney to manage his disability claim on a monthly basis. The denial of this claimant’s claim resulted in more than 4 years of delay before the claimant was able begin receiving monthly benefits again.

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Disability Blog & Cases:
Missouri Court reverses Prudential Insurance Company’s wrongful denial of disability insurance benefits for former pharmacy technician

A Missouri Federal Court determined that Prudential was wrong to terminate a man’s disability insurance benefits by relying on a vocational expert who was not given enough information and a doctor who failed to explain why he disagreed with the claimant’s treating physicians. Let’s take a detailed look at the Court’s opinion to understand its ruling.

Disability Blog & Cases:
Liberty Mutual ordered to pay interest & attorney fees following disability insurance claim denial

A recent Federal Court decision from New Jersey sided with a disability claimant who filed an ERISA suit after her disability insurance benefits were wrongfully denied by Liberty Mutual Life Insurance Company. The Court held that the claimant was both entitled to a fair and equitable rate of interest as well as reasonable attorney’s fees under the circumstances of the case. The issue that I find frustrating about this case is that after the claimant proved that Liberty was wrong in denying disability benefits, they continued to battle the claimant by refusing to pay attorney fees and the interest on the money that Liberty saved over a 5 year period. Liberty probably spent more in battling against paying attorney fees than they could have paid the claimant by agreeing to pay her attorney fees and interest.

Disability Blog & Cases:
Pennsylvania Court rules that CIGNA disability insurance policy allows for offset of lost wages from auto insurance policy

A District Court ruling issued in Scranton, Pennsylvania highlights the importance of understanding the terms of a long-term disability insurance policy. It is common for these disability insurance policies to reduce monthly disability benefits by other benefits or income a claimant receives. This case is a good example of the complex language in disability insurance policies which can be subject to multiple interpretations.

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Disability Disability Insurance Law TV:
10 things to expect when your disability insurance company asks for an IME exam

Almost all disability insurance policies provide a disability insurance company with the right to have the insured examined by a physician of their choice. The disability insurance companies can select any physician and a claimant must attend. These exams are commonly referred to as Independent Medical Exams (IME EXAM); however many courts refer to them as Compulsory Medical Exams (CME EXAM) since the claimant’s benefits will be denied if they fail to appear. Disability Insurance attorneys Gregory Dell and Stephen Jessup discuss what a claimant should expect if asked to attend a CME exam.

Disability Blog & Cases:
CIGNA / LINA wrongfully relies upon surveillance video to deny long term disability insurance benefits

CIGNA Insurance Company, the parent company of Life Insurance Company of North America (LINA) has relied on video surveillance to deny thousands of claims for disability insurance benefits. This case is another classic example of CIGNA wrongfully relying upon video surveillance to justify its disregard of the claimant’s medical evidence. A Federal Court in California found that CIGNA / LINA abused its discretion when it denied Todd Nash’s claim. Let’s take a closer look at the Court’s reasoning.

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