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

Disability Blog & Cases:
Radio personality files lawsuit against UNUM to recover disability benefits

A Radio Station employee and her Montana disability lawyer filed a lawsuit against UNUM Group in Montana Federal Court alleging that the insurer violated the Employee Retirement Insurance Security Act of 1974 (ERISA) when it wrongfully denied her entitled disability benefits per a policy she had with her employer, KMSO Radio.

Disability Blog & Cases:
CIGNA/LINA sued by Lockheed Martin employee for unpaid disability benefits

A lawsuit was filed August 1, 2011 in the Federal Court of New Jersey against CIGNA by a hardware analyst and her New Jersey disability attorney in an effort to procure the employee’s disability benefits. After suffering from melanoma of the uterus and courageous attempts to continue working, the claimant was unable to and filed for long term disability benefits. When CIGNA denied those benefits, the claimant was forced to hire an attorney and sue.

Disability Blog & Cases:
Liberty Life faces disability benefit lawsuits in Florida and Maryland for denying disability benefits

Four individuals, include two Comcast employees, with the help of their disability attorneys have filed Federal Lawsuits against Liberty Life Assurance Company of Boston for failing to pay long term disability benefits. Let’s take a closer look at each case.

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Disability Blog & Cases:
Disabled South Carolina doctor sues Berkshire Life for disability benefits

A South Carolina disability attorney recently filed a federal lawsuit in South Carolina against the Berkshire Life Insurance Company of America. The plaintiff, a physician, paid for disability policies that were underwritten and insured by Berkshire. When the doctor applied for disability benefit, Berkshire refused to pay.

Disability Blog & Cases:
TRW Automotive Holdings Corporation financial analyst suffering from Type II diabetes and heart condition sues Prudential

A Michigan disability attorney recently filed a federal ERISA lawsuit in the district court for the Eastern District of Michigan against Prudential Financial Inc. in order to recover short-term and long-term disability benefits that were wrongfully withheld by Prudential and TRW.

Disability Blog & Cases:
Life Insurance Company of North America sued under ERISA in three different cases for denial to pay disability benefits

Three different lawsuits were recently filed by disability lawyers under the Employee Retirement Income Security Act (ERISA) against the Life Insurance Company of North America (LINA) in the Federal Courts of Illinois and Minnesota for improper denial of claims for disability benefits.

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An Illinois disability attorney, on behalf of a FedEx employee, recently filed a lawsuit at the District Court for the Northern District Of Illinois against the Life Insurance Company of North America (now part of CIGNA Group) for wrongfully classifying the post of a Line Haul Manager as a sedentary occupation thereby resulting in the claimant being denied his long term disability benefits.

Fedex Disability Insurance Claim Against Cigna

The case of Robert Best vs. Life Insurance Company of North America concerned the plaintiff who worked as a line haul manager for the FedEx Freight Systems, Inc. (FedEx). The plaintiff participated in an employee welfare benefit plan, as defined by the Employee Retirement Income Security Act (ERISA) that was issued by FedEx and administered by CIGNA. The plan provided for payments of disability benefits in the event the insured became disabled. Under the plan, the insured is:

Considered Disabled if solely because of Injury or Sickness, you are:

• Unable to perform the material duties of your Regular Occupation; and
• Unable to earn 80% or more of your Indexed Earnings from working in your Regular Occupation.

After Disability Benefits have been payable for 12 months, you are considered Disabled if, solely due to Injury or Sickness, you are:

1. unable to perform the material duties of any occupation for which you are, or may reasonably become, qualified based on education, training or experience; and
2. unable to earn 80% or more of your Indexed Earnings.

We will require proof of earnings and continued Disability.

While working with FedEx, the plaintiff began experiencing significant arthritis pain in his back and right hip which affected his ability to perform his tasks as a Line Haul Manager for FedEx. As a result of his medical condition, the plaintiff was forced to take medical leave in November of 2009. Subsequently, in April 2010, the plaintiff submitted a claim for long term disability benefits to CIGNA.

On June 3rd 2010, CIGNA approved the plaintiff's Claim for long term disability benefits effective from November 11th 2009. Although CIGNA began paying long term disability benefits to the plaintiff in June 2010, CIGNA informed the plaintiff that it was "unable to continue paying benefits beyond September 9, 2010... Since you are able to perform a sedentary job, you are capable of returning to your job as a Line Haul manager which is a sedentary job," and therefore the "claim has been closed."

The plaintiff alleged that CIGNA's determination that the Line Haul Manager position is a "sedentary job" was contrary to the evidence and affidavits provided to CIGNA which established that the position is clearly not a sedentary job but instead involves significant physical activity. Although the plaintiff appealed CIGNA's decision and exhausted all avenues of administrative appeal, CIGNA continued to uphold its decision to deny the plaintiff his claim for long term disability benefits.

Alleged Legal Grounds For Lawsuit Against CIGNA filed by Illinois Disability Lawyer

In the lawsuit, the plaintiff alleged that CIGNA's action to deny his claim for long term disability benefits was arbitrary and capricious as CIGNA's denial was based on an erroneous basis that the plaintiff's position as a Line Haul Manager was a sedentary position.

Relief Sought by the Plaintiff

The plaintiff also stated in the lawsuit that as a result of CIGNA's actions, he had suffered damages and is seeking through the Court the following relief:

• Judgment in the plaintiff's favour and against ÇIGNA and an order for CIGNA to pay long term disability benefits to the plaintiff in an amount equal to the contractual amount of benefits that the plaintiff is entitled to under the Plan.
• An order for CIGNA to pay the plaintiff prejudgment interest on all benefits that have accrued prior to the date of judgment.
• An order to CIGNA to continue paying plaintiff benefits until the end of the Maximum Benefit Period as defined by the Plan.
• An order to CIGNA to pay any and all additional benefits associated with long term disability coverage, including, but not limited to, health insurance coverage.
• An award of attorney's fees and costs of the lawsuit.
• An award for all other relief to which the plaintiff may be entitled. 

About the author: Gregory Michael Dell is an attorney and managing partner of the disability income division of Attorneys Dell & Schaefer. Mr. Dell and his team of lawyers have assisted thousands of long-term disability claimants with their claims against every major disability insurance company. Request a free legal consultation here or call 800-698-9162.

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Disability Blog & Cases:
Oregon Judge orders Standard Insurance Company to pay disability insurance benefits beyond the 24 month mental disorder limitation

In James F. Kitterman Vs Standard Insurance Company and Standard Select Trust Insurance Plans, the plaintiff, through his Oregon disability attorney, brought an ERISA action against the Standard Insurance Company (Standard) seeking to recover long term disability insurance benefits wrongfully denied under the terms of a group insurance plan (the Plan) issued by The Standard Insurance Company. This case is a victory for disability claimants and addresses an issue that is very common among thousands of claimants seeking disability benefits.

Disability Blog & Cases:
Bridgestone employee sues Liberty Life Assurance Company of Boston for long term disability benefits

Sandra Cotton-Lyons filed a lawsuit against Liberty Life Assurance Company of Boston (Liberty Mutual), Administrator of the Bridgestone Americas, Inc. Long Term Disability Plan in the United States District Court for the Eastern District of North Carolina. As an employee of Bridgestone Americas, Inc. (Bridgestone Firestone), Cotton-Lyons, a resident of Rocky Mount, North Carolina, is a qualified, vested member in her employer’s disability insurance plan with Liberty Life.

Disability Blog & Cases:
Cigna denies Herff Jones Inc. employee disability benefits after she is diagnosed with multiple sclerosis

Karen Kolesky has filed a lawsuit against Herff Jones Inc., Cigna Insurance, and Life Insurance Company of North America in the United States District Court of Utah, Northern Division in an effort to receive her long term disability benefits as promised in her employee insurance policy. In possession of an employee insurance policy from her employer Herff Jones, Inc., Kolesky applied for long term disability benefits when she became disabled in November 2009.

Disability Blog & Cases:
A phlebotomist employed by Quest Diagnostics and diagnosed with RSD sues Aetna for denial of long term disability insurance benefits

In Sheila Pannozzo v. AETNA Life Insurance Company, Quest Diagnostics, Inc., Quest Diagnostics Long Term Disability Benefits Plan, filed in the United States District Court of the Middle District of Pennsylvania, Pannozzo and her Pennsylvania disability attorney accuse AETNA of abruptly and improperly terminating her disability benefit payments in violation of the Employee Retirement Income Security Act (ERISA) and 29 U.S.C. § 1132(a)(1).

Disability Blog & Cases:
CIGNA entitled to recover social security disability benefit overpayment

The United States Court of Appeals for the Third Circuit recently reversed a district court’s decision denying CIGNA recoupment of overpaid benefits.

Disability Blog & Cases:
What is Liberty Life Assurance Company of Boston trying to hide in denial of disability benefits?

This disability insurance case against Liberty Life Assurance is an example of the type of fight that a disability insurance company will engage in once a disability lawsuit is filed. It is often surprising that disability insurance companies will claim they are acting fairly, yet when you ask them to provide claims handling information they will aggressively object.

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Resolved Cases:
CIGNA denies benefits after paying for 10 years, but Disability Attorney Stephen Jessup wins benefits for 60 year old client with fibromyalgia

For ten years our client was receiving long term disability benefits from CIGNA under an ERISA governed Group Disability Policy (Jaycor) due to a litany of medical conditions, which included Adult Onset Still’s Disease, Chronic Pain, Fibromyalgia and Fatigue. During the course of his claim and well prior to CIGNA’s termination of benefits, he had already met and passed the own occupation to any occupation definition change, had been approved for disability benefits by the Social Security Administration, and had even been approached by CIGNA on several occasions for a lump sum buy out of his policy. For all intensive purposes it would seem that at the age of 60 and the decade long history of his claim that CIGNA would not challenge the claim. However, CIGNA proved the adage that disability benefits are never guaranteed benefits.

Disability Blog & Cases:
California Court orders CIGNA to disclose amount paid to MES Solutions for medical reviews

CIGNA Insurance Company can run but they can’t hide. Recently, the US District Court for the Central District of California granted Plaintiff Bradley Wojno’s Motion to Compel Defendant CIGNA Insurance to reveal the extent of it financial relationship with MES Solutions. Mr. Wojno’s California disability attorney sought information from CIGNA that could unveil potential conflicts and biases of CIGNA’s hired gun doctors relied upon to terminate Mr. Wojno’s disability benefits.

Disability Blog & Cases:
Federal Judge orders Sedgwick Claims Management to pay disability benefits to PNC Financial Services Group, Inc’s Collection/Recovery Team Manager

Disability claimants need to be extremely cautious when dealing with Sedgwick Claims Management Service Inc. (Sedgwick). From our law firms’ experience of handling thousands of disability insurance claims, Sedgwick is one of the top three most difficult companies to deal with. Unfortunately, Sedgwick will capitalize on any opportunity to deny a claimant their disability benefits. This case discusses the unreasonable conduct used by Sedgwick to wrongfully deny disability benefits.

Disability Blog & Cases:
Standard Insurance Company’s attempt to dismiss disability insurance lawsuit is denied in-part by Florida Federal Judge

Disability claimant challenges Standard Insurance Company’s attempt to limit disability benefits to 24 months under the “Other Limited Conditions” provision.

Disability Blog & Cases:
Life Insurance Company Of North America denies disability benefits and battles claimant for 4.5 years in Federal Court

LINA should be embarrassed and show some respect for a former payroll clerk that had no ability to work due to numerous medical conditions. After litigating for more 4.5 years since her wrongful denial of disability benefits, Ms. Dupree finally received a ruling in her favor from the United States Court of Appeal. LINA fought this disability claim until there were no more courts left for them to appeal to. While, Ms. Dupree eventually won her disability benefits, it is sad that she had to battle for 4.5 years without any payment from LINA. LINA essentially left Ms. Dupree out in the cold. Unfortunately, Dupree’s only remedy is payment of her benefits, interest and attorney fees. This case is a prime example of the wrongful conduct by LINA and the exact reason that punitive damages should be allowed.

Disability Blog & Cases:
California Judge grants disability claimant’s request to investigate Hartford Life And Accident Insurance Company’s relationship with hired doctors

In Mary Carten vs. Hartford Life and Accident Insurance Company, Group Long Term Disability Plan for Employees Of FMR Corporation, the plaintiff brought the civil lawsuit in a California Federal Court under the Employment Retirement Income Security Act (ERISA) to challenge a denial of disability benefits made by the Hartford Life and Accident Insurance Company (Harford). The plaintiff requested an opportunity to conduct discovery into Hartford’s claims handling practices in order to determine if Hartford’s wrongful denial her long term disability benefits was done with a conflict of interest. It is ironic that Harford denies disability benefits and then tries to do whatever they can to hide the existence of their financial relationship with the doctors they hire. Hartford is suppose to be the fiduciary of Ms. Carten. Hartford’s actions clearly suggest that they are not acting in the best interest of Ms. Carten.

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Disability Insurance Law TV:
Who makes the final decison to approve or deny disability insurance benefits?

Is it the disability insurance claim representative or hired insurance company doctor that makes the decisional to approve or deny benefits?

FAQ | Overpayment Issues:
Can Veteran Disability Benefits be deducted from my monthly long term disability insurance check?

The answer to this question depends on the language contained within your long term disability insurance policy. In most disability claims that are governed by ERISA there is an offset provision for other disability related benefits such as SSDI, Worker Compensation or Veteran Benefits.

Disability Blog & Cases:
Pennsylvania class action disability insurance suit against Reassure and Swiss Re dismissed due to lack of subject matter jurisdiction

A federal district court in Pennsylvania recently dismissed Claimant Barry Sunshine's complaint for lack of subject matter jurisdiction. Alleging that Reassure America Life Insurance and Swiss Re Life & Health America, Incorporated prematurely terminated his and other similarly-insured individual's disability insurance benefits, Sunshine and his disability attorneys were attempting to right a wrong for not only Sunshine but for others in a similar situation. Unfortunately, the Eastern District Court of Pennsylvania dismissed Sunshine's disability insurance class action lawsuit because the suit lacked federal subject matter jurisdiction. Fortunately, the dismissal was filed as a dismissal without prejudice, making it possible for Sunshine to file an amended complaint when his disability attorneys establish proper subject matter jurisdiction.

Disability Blog & Cases:
LINA and CIGNA need to listen to the Federal Courts and stop denying disability insurance claims for people disabled by fibromyalgia

An affirming opinion from the Fourth Circuit United States Court of Appeals shows how Administrators of ERISA long term disability benefits can't abuse their power of discretion in North Carolina. This case against LINA also known as CIGNA, is a great victory for claimants suffering from fibromyalgia. In the appeal of Rebecca DuPerry v. Life Insurance Company of North America, Appellee Rebecca DuPerry prevailed in her quest to receive long-term disability benefits from her group long term disability insurance provider, Life Insurance Company of North America (LINA).

Disability Blog & Cases:
Lincoln Nebraska man suffering from fibromyalgia and chronic fatigue syndrome sues UNUM when he is denied disability benefits

UNUM Life Insurance Company of America has refused to honor its obligation to provide Scott A. Boles with his disability insurance benefit income even though Mr. Boles qualifies for benefits stipulated in two UNUM Life Insurance Company disability insurance policies. UNUM denied Mr. Bole's disability insurance benefits on both his individual disability policy, on which he has paid all premiums on time and in full since 1994, as well as an employee group disability policy from his employer that has been in effect since 2006.

Disability Blog & Cases:
Sun Life deducts veteran disability benefits from claimant’s monthly long term disability check

Most long term disability insurance policies allow the insurance company to offset the monthly disability payments to an insured if the insured is receiving “other income” from certain sources. Often, these other sources include any Social Security disability or retirement benefits, workers’ compensation benefits, retirement plan benefits from the employer, or even earnings the insured receives from any other occupation or form of employment. The specific policy language governs exactly what the insurance carrier can consider an “offset” to reduce the claimant’s monthly benefit. Sometimes, however, the insurance policy is not crystal clear on what specifically may be used as an offset. Such a situation occurred in the case of James Riley v. Sun Life Insurance Company. In this case, the issue was whether Sun Life was allowed to reduce Riley’s monthly benefit because of veteran disability benefits he received from Veterans Affairs. The Court ultimately upholds Sun Life’s decision to reduce Riley’s monthly long-term disability benefits. Let’s take a closer look to see why the Court ruled the way it did.

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Disability Blog & Cases:
Disability lawsuit against MetLife alleges insurance company refuses to pay disabled claimant

The Metropolitan Life Insurance Company, known as MetLife (NYSE: MET), is being sued in United States District Court, Southern District of Florida, for refusing to honor its contractual obligation to pay long term disability insurance benefits to a psychologically impaired woman.

Disability Blog & Cases:
Liberty Mutual sued in Tampa Federal Court for denying long term disability insurance benefits

An ERISA disability lawsuit was filed against the Liberty Life Assurance Company, this time in Federal Court in the Middle District of Florida. Andrea Medders was forced to file suit after her administrative appeals were denied and Liberty Life, also known as Liberty Mutual refused to pay her long term disability benefits.

Disability Blog & Cases:
CIGNA/LINA sued for denying waiver of life insurance premium to caretaker of disabled and mentally challenged adults

After repeated appeals asking CIGNA / LINA to change their decision regarding denial of waiver of life insurance premiums due to total disability, Wendy Magee was recently forced to hire Michigan disability attorneys and file an ERISA disability lawsuit in the Federal Court of the Western District of Michigan.

Disability Blog & Cases:
Federal Court provides 5 reasons CIGNA wrongfully denied disability benefits to man suffering from chronic fatigue syndromes

Citing a financial incentive to cheat, the United States Court of Appeals for the Ninth Circuit recently overruled the decision of CIGNA (CI) to deny disability benefits to a man suffering from chronic fatigue syndrome. For anyone disabled by chronic fatigue or fibromyalgia this is a very supportive case and great law. The court provided five reasons that Cigna abused its discretion by denying disability insurance benefits. Let’s take a close at the case history and the court’s reasoning.

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Disability Blog & Cases:
Hartford Financial’s mental nervous disorder limitation clause in disability insurance policy held ambiguous

The United States Court of Appeals for the Ninth Circuit recently ordered a lower court to reconsider its decision that had affirmed Hartford Financial Insurance Company‘s denial of a woman’s claim for disability benefits. Although the claimant has not yet been awarded her requested disability benefits, the Appeals Court’s decision leaves her one step closer to achieving this goal.

Disability Blog & Cases:
Life Insurance Company of North America, part of CIGNA Corporation, sued for refusing disability insurance benefits for mentally ill teacher

Disability Insurance Attorneys Dell and Schaefer filed a Federal Lawsuit against Life Insurance Company of North America (LINA), which is part of CIGNA Corp (CI.N). The lawsuit was filed after Cigna refused to pay disability benefits to a Florida teacher forced to stop working due to mental health issues such as depression, bipolar disorder and schizophrenia.

Disability Blog & Cases:
Federal lawsuit against Hartford Insurance alleges company refuses to pay disabled Patriot Act analyst

A Federal lawsuit filed in United States District Court Southern District of Florida accuses the Hartford Life and Accident Insurance Company of breaching its contract with Branch Banking and Trust (BB&T) and a BB&T employee. Filed by noted disability insurance law firm Dell and Schafer, the suit states that Hartford is refusing to pay benefits to the employee, a U.S. Patriot Act/Anti-Money Laundering Analyst. The refusal by The Hartford violates the Employee Retirement Income Security Act of 1974, commonly referred to as ERISA.

Disability Blog & Cases:
Disability insurance lawsuit against Guardian Life Insurance serves as warning to doctors

A lawsuit filed in the United States Southern District Court of New York reveals that The Guardian Life Insurance Company of America is refusing to pay long term disability insurance benefits to a New Jersey OB/GYN critically injured in a car accident.

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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 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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Attorneys Seek Information In Order to Prove Conflict of Interest Impacted Claim Denial

Another case appeared recently before the United States District Court, Northern District of Indiana, Hammond Division. It sheds light on motions to compel. We will look at the background behind the motion before looking at how the Court evaluated the need for discovery into a disability insurance company's claims decision process. This case is another example of how a disability insurance company will fight with great effort to hide their potentially unreasonable claims handling activities.

BP Corporation of North America employed Clifford Hall for 27 years as a process operator. On December 1, 2007 he was involved in the motor vehicle accident that caused serious neck and back injuries and a traumatic brain injury as well. He worked his last day at BP the next day.

→ Continue reading Life Insurance Company of North America (CIGNA) ordered to supply information to disability insurance attorneys

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The case we will look at here demonstrates once again how reviewing a disability denial under the abuse of discretion standard can favor an insurance company's disability denial. All the insurance company must prove is that the process used to come to a claims decision was logical and reasonable. As you read the following case, it might seem that Jerry Darvell and his disability insurance attorney had good reason to believe he had been denied benefits wrongfully. You will discover why two federal courts decided otherwise.

→ Click here to continue reading LINA (CIGNA) denies long-term disability benefits to yellowbook Account Executive

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Dalit Waissman took sued Life Insurance Company of North America (LINA) when the company terminated her long-term disability payments in May 2006. In arguments presented before District Judge Jeremy Fogel of the U.S. District Court’s Northern District of California, San Jose Division on January 20, 2010, Waissman’s disability attorney did his best to show that the material in Waissman’s claim’s file demonstrated beyond doubt that Waissman was disabled according to the definitions laid out within her former employer’s long-term disability plan.

→ Click here to continue reading Did LINA wrongfully deny disability payments to claimant with multiple sclerosis? (Part II)

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Dalit Waissman, a 53 year old who immigrated to the United States from Israel in 1984, came to her position at SAP, Inc. in 1997 with considerable experience in computer programming and educational consultation and resource coaching. She had spent the previous two years working as an independent contractor providing technical writing services.

SAP hired Waissman as one of their Senior Technical writers. The primary duties of her job according to SAP were to provide “excellent research, interviewing and writing skills: information mapping skills; instructional design skills; knowledge of the business cycles; knowledge of computer software, Windows applications and authoring tools; and HTML/Internet knowledge.”

→ Click here to continue reading CIGNA (LINA) terminates disability payments to woman with multiple sclerosis

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A long-term disability case brought before Lincoln D. Almond, U.S. Magistrate Judge in the District of Rhode Island, brings to light how important it is for a long-term disability attorney to prepare a discovery request carefully and to make every effort to resolve discovery issues without involving the court system. The case we are going to discuss could have gone more favorably for Lorene Roccon Thompson, if her attorneys had paid more attention to the details. Discovery in ERISA disability cases is extremely limited and generally is only allowed to determine the extent of a conflict of interest.

→ Click here to continue reading Discovery requests in ERISA disability cases are found to be limited

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Linda Chavis filed a complaint against Cigna Group Insurance and Life Insurance Company of North America (LINA) on June 24, 2009, alleging that the insurance company had breached two disability insurance contracts by refusing to pay her claims for short-term disability (STD) insurance and for long-term disability (LTD) insurance. While Cigna filed a motion to dismiss the complaint, Chavis stated in her complaint that she and her employer had paid all the required premiums for both policies, but she had been wrongfully denied benefits for both policies.

→ Click here to continue reading Court Finds CIGNA Failed To Follow Proper Claim Denial Procedure, Nurse's Right To Pursue Disability Law Suit Under ERISA Supported

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Recently, the California Department of Insurance settled with LINA, a daughter company of CIGNA to the tune of $600,000. What was this penalty for? According to California Insurance Commissioner Steve Poizner, LINA was apparently ignoring certain claims that might have been valid disability claims.

Between January 1, 2005 and December 31, 2007 LINA improperly handled insurance claims. It seems that not only did LINA deny many cases before ever receiving the medical proof those clients were entitled to their insurance payouts but LINA ignored important information that may have reversed the denied claim on a number of accounts.

→ Click here to continue reading CIGNA/LINA Penalized By The California Department Of Insurance

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Daniel J. Rochow, the former president of Arthur J. Gallagher & Co., was insured under Life Insurance Co. of North America’s disability plan. The Sixth Circuit affirmed that a disability insurer’s denial of benefits to a former employee who was terminated because his symptoms prevented him from performing his duties was arbitrary and capricious, even though the employee’s diagnosis was not made until after he stopped working.

→ Click here to continue reading Diagnosis of Insured's Medical Condition After Termination of Employment Does Not Preclude Disability Claim

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