In Lavery v. Restoration Hardware, Inc.,  (D. Mass.), No. 17-10856, March 28, 2018, Plaintiff John Lavery (“Lavery”) filed a claim against Defendant Restoration Hardware, Inc. (“RHI”), based on RHI’s alleged misclassification of Lavery as an independent contractor when Lavery was allegedly in fact in employee under Massachusetts law. Lavery seeks among other damages the value of benefits plan (i.e., a welfare benefits package) that he would have received had he been classified as an employee. RHI moved to dismiss Lavery’s claim for damages with respect to the welfare benefits because RHI contended that claim was preempted by federal law.
Continue Reading Benefits Claim of Employee Who Claimed Prior Misclassification Was Preempted by ERISA

In Mary Beth Tobin v. Hartford Life and Accident Insurance Company, Plaintiff worked in Florida as manager of costuming operations for Disney Worldwide Services. She had been under the care of a physician for fibromyalgia beginning in February 2012. Her last day of work was October 2, 2012. She subsequently moved to Michigan and continued medical treatment with a board-certified family medicine physician.

Plaintiff filed a claim for long-term disability (LTD) benefits, providing Hartford with her medical records, which included the physician’s statement of functionality. Hartford denied her claim and her subsequent administrative appeals, so she filed this ERISA lawsuit in the U.S. District Court for the District Court for the Western District of Michigan.
Continue Reading Michigan Court Reverses Hartford’s Denial of Disability Benefits for Claimant Diagnosed with Fibromyalgia

It seems that claimants are denied long term disability benefits by CIGNA every day. CIGNA’s denials are predictable and tend to follow the same denial techniques from one claim to the next. After a LTD denial claimants are forced to go through the appeals process to get back on claim and with CIGNA it seems almost impossible to convince the appeals department to overturn an initial denial of benefits.

Such was the case with Ms. Sangha as she was left with no other option but to file a lawsuit against CIGNA in a California federal district court.
Continue Reading California Court overturns denial of benefits by CIGNA

Until someone faces cancer themselves or has a close loved one who goes through it, many people have the mistaken belief that life returns to normal once they beat cancer and are told there is no evidence of the disease after treatment. However, this is unfortunately not the case for the vast majority of warriors who have fought and won their fight with cancer. In this video, disability insurance attorneys Gregory Dell and Rachel Alters discuss the challenges insurance companies impose on disability insurance policy holders.
Continue Reading Fighting For Cancer Survivors Who Are Still Disabled

Has your disability insurance company recently asked you to complete a neuro-psych evaluation to maintain your disability insurance? The neuro-psych evaluation can declare that you have cognitive limitations and often aims to prove that you are exaggerating your medical condition to receive disability benefits. The evaluation includes a questionnaire and a verbal interview segment.
Continue Reading What To Know About Neuro-Psych Evaluations

If you have Aetna Insurance and hold a Disability Insurance Policy with them, this is a video you need to see. A policy holder with Aetna tried to file a claim after being diagnosed with an aggressive form of cancer and becoming disabled due to treatments.
Continue Reading Aetna Approves then Denies Disability Claim Based on Pre-Existing Conditions Clause

The Plaintiff in Ricky D. Hayes v. Dearborn National Life Insurance Company worked for F.A. Richards & Associates Incorporated as an adjuster for approximately 11 years when he became unable to perform the duties of his own occupation. He was awarded long-term disability benefits based on his diagnoses of depression, anxiety, and a sleep disorder.

Dearborn informed Plaintiff on several occasions, in writing, that since his disabling conditions were mental disorders, he was only eligible for 24 months of benefits. They gave him the opportunity to present evidence of a physical disability.
Continue Reading Court Upholds Dearborn’s Denial of Long-Term Disability Benefits

Resolved Case:
Cigna reinstates the benefits of a former Sales Representative with chronic back pain following an appeal submitted by Attorney Stephen Jessup.
Cigna Overturns Denial of Long Term Disability Benefits On Appeal

Resolved Case:
Disabled Account Manager that was denied Long-Term Disability benefits by CIGNA is on claim after Dell & Schaefer Appeal.
Life Insurance Company of North America (CIGNA) overturned previous denial of long term disability benefits for New Jersey Account Manager

Resolved Case:
Disabled Software Engineer that was denied Long-Term Disability benefits by Prudential Insurance Company of America is on claim after Dell & Schaefer Appeal.
Prudential Insurance Company of America overturned previous denial of long term disability benefits for Oregon Software Engineer

Disability Insurance News:
Appeals Court upholds Virginia court’s ruling that Hartford correctly terminated long term disability benefits to medical transcriptionist who had painful arm.
Appeals Court Upholds Hartford’s Termination of Disability Benefits

Resolved Cases:
Cigna Overturns Denial of LTD Benefits to Maintenance Supervisor previously employed with Checkpoint Systems, Inc., who had a history of 7 spinal surgeries.
Cigna Overturns Denial of LTD Benefits for Maintenance Supervisor Suffering from Serious Back Issues

Resolved Cases:
After initially denying insured’s claim for long term disability benefits, Attorney Stephen Jessup successfully appeals the denial and secures client’s benefits.
Standard Approves Disability Benefits to Attorney with Fibromyalgia

In the case of Michael J. Pacquin v. Prudential Insurance Company of America, Plaintiff Pacquin, a Business Development Director for Transistor Devices, Inc. (TDI), was infected with the West Nile Virus in 2003. As a result, he contracted encephalitis and sustained brain damage. This left him with cognitive difficulties that made it impossible for him to continue his employment.

He was covered under a disability insurance policy which provided him benefits for the first 24 months when he was disabled from working in his regular occupation. After that, in order to qualify for benefits, he had to show that he was disabled from working in any occupation for which he was reasonably qualified.
Continue Reading Court Orders Prudential to Reinstate Long Term Disability Benefits