Arizona Court Reverses Reliance Standard And Awards Disability Benefits to Woman Suffering From Fibromyalgia

After receiving disability benefits for more than 10 years, the Reliance Standard denied disability benefits. After a 4 year legal battle, the Arizona district court determined that Melisa Gemmel was disabled by fibromyalgia. Melissa Gemmel was employed at Systemhouse, Inc. and covered under her employer’s long-term disability plan, issued by Reliance Standard (NYSE:DFG). In 1989, it was discovered that Gemmel suffered from osteophytes in the neural canal at C5-6, a posterior osteophyte at C5-6, and a C7-T1 abnormality.

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Podiatrist Receives Lump-Sum Buyout at Pre-Suit Mediation With Long-Term Disability Insurer

The Client, a South Florida podiatrist, retained the law firm of Attorneys Dell & Schaefer in December 2007 due to the denial of disability benefits by one of her two long-term disability insurance carriers. Beginning in 1999 the client began suffering complications from fibromyalgia, sjogren’s syndrome, carpal tunnel syndrome and chronic fatigue syndrome.

Determined to continue the practice of podiatry and not allow her disabling conditions to destroy the practice she had worked so hard to build, the client continued to treat patients, perform surgeries and work a full time work week. However, it was not long before our client was forced to reduce her working hours and as a result experienced decreased revenues, less patients and canceled appointments.

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California Federal Court Rejects Prudential's Attempt to Limit Claim

Rosa Wood had carpel tunnel syndrome and left work in 1999 because of it. After receiving short term disability benefits and undergoing back surgery, Ms. Wood applied for long term benefits. Initially, Ms. Wood’s claim for benefits was denied however her plan eventually agreed to pay benefits for the first phase of long term disability. Under the first phase, claimants are entitled to benefits for seven to twenty-nine months based on their ability to perform any substantial gainful work. Prudential then denied long-term disability benefits to Ms. Wood during the second phase which would continue benefits beyond the twenty-nine months. After two internal appeals, Ms. Wood sued Prudential in Federal Court.

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