This Week on DIAttorney.com (09/17/2011)

Disability Blog & Cases:
Group Health Plan Inc’s Actuary sues Reliastar Life Insurance Company and ING Disability Claims Management Services for recovery of disability benefits under The Ramsey Health Care Services Short Term Disability Plan

A Minnesota disability attorney recently filed a lawsuit on behalf of a client against the Reliastar Life Insurance Company and ING Disability Claims Management Services (Reliastar & ING) for denying her claim for short term disability benefits. The case of Susan Fonseth vs Ramsey Health Care Services Short Term Disability Plan, Reliastar Life Insurance Company, and ING Disability Claims Management Services was filed at the District Court for the District of Minnesota.


Disability Blog & Cases:
Prudential denies disability benefits despite FCE Exam stating former Data Distributor Inc. employee with heart condition cannot perform sedentary occupation

A Georgia disability attorney recently filed a long term disability lawsuit due to Prudential Insurance Company’s wrongful denial of disability benefits to a former project manager. This case shows that despite strong objective evidence and a positive FCE exam in support of multiple disabling conditions, Prudential can still hire physicians that can review a file and determine that a claimant has no restrictions and limitations.


Disability Blog & Cases:
Court of Appeals, Seventh Circuit ruled Unum Life Insurance Company Of America is prevented from using Self-Reported Symptoms Limitation Clause to discontinue long term disability benefits payments for woman with fibromyalgia

In the case of Susie Weitzenkamp, Vs. Unum Life Insurance Company Of America, the Court of Appeals, Seventh Circuit recently ruled that the Unum Life Insurance Company Of America (UNUM) cannot rely on a Self-Reported Symptoms Limitation Clause to discontinue the plaintiff’s long term disability benefits as UNUM had failed to include the self-reported symptoms limitation in the Summary Plan Description (SPD).

Disability Insurance Denials by Guardian, Broadspire,and Reliastar Insurance are upheld in Court

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?