Disability Claimant Takes Reliance Standard To Court Twice Within 5 Years

A ruling in U.S. District Court for the Southern District of New York found Reliance Standard Life Insurance Company (“Reliance”) acted in an arbitrary and capricious manner when it denied Elizabeth Diamond long-term disability benefits. Here is her story.

Ms. Diamond worked for Paine Webber as a desktop publisher. Coverage from Reliance through a Group Long Term Disability (LTD) Insurance Policy paid for by her employer was included in her benefits package. Ms. Diamond fell ill and ceased working on September 9, 2000. She first applied for long-term disability benefits in early March of 2001.

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Attorneys Dell & Schaefer Files Lawsuit And Obtains Lump-Sum Buyout Of Disability Policy For Podiatrist With Median Nerve Injury

Dr. C, a podiatrist / podiatric surgeon, was successfully practicing in Texas prior to the injury which caused his disability. During a routine blood draw, the phlebotomist taking Dr. C’s blood sample mistakenly injected the needle too deep into Dr. C’s right arm. Dr. C immediately felt shooting and burning pain radiating down his right arm and into his hand. In the weeks that followed, Dr. C experienced severe burning and tingling in his right arm. Dr. C consulted with a colleague in the hospital, a hand specialist, who explained that it was likely that the phlebotomist had injured his median nerve during the blood draw. The hand specialist advised Dr. C that if his symptoms did not resolve within a few weeks to come back and see him.

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Attorneys Dell & Schaefer Files Lawsuit Against Cigna In Hawaii On Behalf Of Pharmaceutical Sales Representative

Our client, a pharmaceutical sales representative, was recently denied benefits by her carrier, Cigna, despite clear medical documentation of several severe medical problems that prevent her from performing the duties of her occupation.

Once Attorneys Dell & Schaefer had been retained, we discovered that Cigna had based its denial of disability benefits on three pieces of paper from only one of her three treating doctors. Cigna determined that our client’s vasculitis, idiopathic peripheral neuropathy, fibromyalgia, and chronic fatigue were not severe enough to support her claim for disability benefits.

Attorneys Robert Kerr and Gregory Dell at Dell & Schaefer submitted an Appeal to Cigna containing all of our client’s medical records in an effort to secure our client’s benefits without having to pursue a lawsuit. This information included notes from her primary care physician, the hospital where she received chemotherapy, and her rheumatologist. The rheumatologist was and continues to be the specialist primarily responsible for her care and treatment of the disabling conditions.

Despite the clear evidence of disability in the medical records and clear statements by her doctors in support of her claim for short-term disability benefits, Cigna denied the Appeal and determined that our client is not entitled to disability benefits. As a result of this disability denial, Attorneys Dell & Schaefer filed a lawsuit against Cigna within 2 days of the final short-term disability denial. Additionally, Attorneys Dell & Schaefer continues to work with the client in order to submit her application for long-term disability benefits.