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

Disability Blog & Cases:
Nestle Waters employee sues Assurant for denial of disability benefits under ERISA

A Pennsylvania disability attorne y recently filed a Federal lawsuit in Pennsylvania against Assurant, Inc. (Assurant), Assurant Employee Benefits (AEB), and Union Security Insurance Company (Union).

Disability Blog & Cases:
Disability attorney and client suffering from fibromyalgia and hypertension sue UNUM for unpaid long term disability benefits

On July 5, 2011, Annie T. Merion and her Georgia disability attorney filed a lawsuit against UNUM Life Insurance Company of America in the United States District of Georgia, Macon Division on a claim for long term disability benefits. As a governmental employee plan for disability benefits, Merion’s claim is excluded from being a plan governed by the Employee Retirement Income Security Act of 1974 (ERISA). Merion, however, was entitled to her disability plans as she was covered under a UNUM disability plan that was provided through the Peach County Board of Education. As such, Merion brought her claim against UNUM Life because of its termination of her disability benefits that are owed her.

Disability Blog & Cases:
Ladenburg Thalmann Branch Manager suffering from injured back sues CIGNA for denial of disability benefits

A New York disability attorney recently filed a federal ERISA lawsuit against the CIGNA Life Insurance Company of New York (CIGNA). The Plaintiff was forced to file suit after CIGNA repeatedly denied her disability claim.

Disability Blog & Cases:
Ohio National Life Insurance Company denies claim after 7 years of disability payments

The plaintiff, with the help of an Oklahoma disability attorney , was forced to file a disability lawsuit against The Ohio National Life Insurance Company after Ohio National wrongfully withheld long term disability benefits from her.

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Disability Insurance Law TV:
A Senator's view of ERISA disability insurance claims

This video features the testimony of Montana United States Senator Max Baucus at a Senate Finance Committee Meeting. Senator Baucus focuses his testimony on the problems with ERISA disability insurance laws and the unfair claims handling practices of disability insurance companies. Senator Baucus pays specific attention to two long term disability insurance claims that were wrongfully denied by The Standard Insurance Company and Hartford Financial Insurance Company.

Disability Blog & Cases:
Reliance Standard Insurance Company and Lincoln National Life Insurance Company attempt to avoid payment of disability benefits by ignoring claimant’s application

Eric Wilson has brought a lawsuit in the United States District Court of the Eastern District of Louisiana against Reliance Standard Insurance Company and Lincoln National Life Insurance Company because the companies have refused to reply either pro or con to his petition for disability benefits in compliance with his insurance policy contract.

Disability Blog & Cases:
Sun Life Assurance Company of Canada sued by gunshot victim for failure to pay long term disability benefits

A recent Sun Life disability claim by a gunshot victim ended up as a lawsuit in the Orange County Superior Court because of the reluctance of the disability insurance company to pay out any long term benefits to its plan’s participants. In Marilyn Ellis v Sun Life Assurance Company of Canada, the plaintiff Marilyn Ellis with her California disability attorney contended that she was at all times a participant to a group long term disability plan with the policy number 63311 that was provided by the Sun Life Assurance Company (Sun Life). As such, she argued that she was a beneficiary of the plan and is entitled to the long term disability benefits that were offered in the plan.

Disability Blog & Cases:
Federal Judge orders Union Security (Assurant) to re-evaluate disability denial due to failure to consider risk of substance abuse relapse as disabling condition

In any claim for any disability benefits, the deciding factor which disability insurance companies will decide on will be whether you are what they define as being “disabled” or not. Most insurance companies however, will try to define the scope of what constitutes “disabled” as narrowly as possible to their advantage. The situation is especially compounded when a claimant is disabled due to substance abuse. Substance abuse cases involved both physical disabilities and mental disabilities...

Disability Blog & Cases:
SunLife & Aetna Life Insurance Company sued for denial of disability benefits

Here are examples of two recent cases in which SunLife Insurance Company and Aetna Life Insurance Company had a structural conflict of interest and denied disability insurance benefits. In most long term disability insurance claims which are governed by ERISA there is an inherent structural conflict of interest. The conflict of interest exist because the disability insurance company not only pays the benefits, but has the ultimate authority to approve or deny benefits. How can a disability company act a fiduciary to the insured when at the same time a decision to pay benefits will reduce the net income of the company?

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Disability Blog & Cases:
Disability benefits lawsuit against Fortis Benefits Insurance Company dismissed by West Virginia Federal Court

Failing to comply with administrative requirements in a timely manner as specified by Fortis Benefits Insurance Company resulted in Elizabeth A. Bailey being denied benefits from her deceased husband’s short-term disability benefits, long-term disability benefits and life insurance policies. Having neglected to follow proper ERISA procedures in pursuing long-term disability and life insurance benefits from Fortis Benefits Insurance Company (a wholly owned subsidiary of Assurant) as specified in Fortis’s policy requirements, Elizabeth Bailey forfeited her opportunity to present her case to a federal court when her complaint was dismissed by the Court’s ruling on two motions for summary judgment filed by Fortis’s disability defense attorneys.

FAQ: Attorney Fees & Representation:
Can a disability attorney manage all aspects of my long-term disability insurance claim?

What amounts to a business decision for your disability insurance company is a life decision for you as a disability benefit recipient. Your disability insurance company views you as a piece of paper, some medical documents, a persistent headache, and a drain on their bottom line. Your monthly disability payment is your home, your groceries, your health care—your livelihood; and you don’t trust your disability insurance provider to make sure that your interests are being taken care off. Consequently, much of your precious time may be spent dealing with your disability insurance provider to make sure you receive your monthly disability payment.

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When Richard Geroux brought a long-term disability insurance underpayment complaint before the Tribal Court of the Keweenaw Bay Indian Community, L’Anse Reservation, Mich., the insurance companies involved, Assurant, Inc (Assurant) and Union Security Insurance Company (Union Security) immediately sought to remove his case to the United States District Court for the Western District of Michigan, Northern Division. The insurance companies claimed that Geroux’s case fell under ERISA jurisdiction and should be considered in Federal Court.

What is at stake here? Whether the tribal court had jurisdiction. Geroux moved on August 8, 2008 to have his case sent back to tribal court, arguing that his complaint should be decided in tribal court. The Assurant and Union Security filed a counterclaim on August 21, 2008 seeking to move action to Federal Court. They also opposed Geroux’s motion to review the case at tribal council on August 25. In response, Geroux moved to dismiss Union Security’s counterclaim.

→ Click here to continue reading Tribal Court Retains Jurisdiction For Tribal Member's Disability Insurance Lawsuit Against Assurant And Union Security

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