Disability Insurance Cases Nationwide

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In this video, attorneys Gregory Dell and Stephen Jessup discuss the importance of medical documentation by a treating physician. They need to include what impact that condition has on the claimant’s ability to do his or her job. Mr. Jessup won a recent case against Lincoln Financial Group when, on a second administrative appeal, he was able to present convincing evidence that the claimant, who suffered from multiple sclerosis (MS), could not do her job.
Continue Reading Treating Physicians Need to Document in Their Medical Records How a Medical Condition Restricts a Person’s Ability to Do Their Job

In this video, disability attorneys Gregory Dell and Victor Peña talk about a case won by Mr. Peña in a second appeal for a man who suffered with back and knee injuries as well as carpel tunnel syndrome. The man claimed he was unable to work in his own occupation which was classified by a vocational assessment as a light-duty occupation.
Continue Reading Dell & Schaefer Disability Attorneys Discuss Winning LTD Benefits on Second Appeal to MetLife and the Importance of Medical Documentation

Disability attorneys Gregory Dell and Rachel Alters discuss a case out of the Western District of Washington in which the district court found that Hartford acted arbitrarily and capriciously when it terminated the benefits of a woman suffering from fibromyalgia. The woman had been receiving benefits for nearly two years after Hartford had agreed she was disabled from working in her own sedentary occupation.
Continue Reading Disability Lawyers Discuss Court Ruling Reversing Hartford’s Termination of Benefits to Claimant Suffering from Fibromyalgia

In this video, disability insurance lawyers Gregory Dell and Cesar Gavidia consider the effect on Amazon workers’ disability claims now that Hartford has bought the Aetna Disability Insurance Company. They conclude that changes will be unlikely since both companies now engage in extensive and exhaustive claims review, using every possible avenue they can to avoid paying long-term disability claims.
Continue Reading Disability Attorneys Discuss Hartford’s Purchase of Aetna and How It May Affect Amazon Workers

Resolved Cases:
Insurance Sales Agent gets LTD Claim approved a second time after Attorney Alexander Palamara files second appeal to Prudential.
LTD Claim Approved for a Second Time for an Insurance Sales Agent after Prudential Denies Claim Based on Self-Reported Physical Capabilities

Disability Insurance News:
Washington District Court overturns denial of benefits to former Boeing Employee.
Court Finds Aetna Had No Credible Argument Whatsoever To Support Its Decision To Deny Benefits To Claimant With MS

A recent decision from the United States District Court for the Middle District of Tennessee established strong arguments in support of total disability for an OB/GYN suffering from an injury to her right index finger. In Nylander v. Unum Life Insurance Company of America (Unum) the Court was tasked with ruling on a Motion for Summary Judgement filed by Unum in which Unum was asking the Court to dismiss Dr. Nylander’s claim for total disability benefits. For reasons discussed below the Court denied Unum’s motion and in doing so allowed Dr. Nylander’s claim for total disability to proceed through to trial.

There are certain legal factors that must be determined by a Judge when entering a ruling on a Motion for Summary Judgment, the most important being a determination as to the existence of a material issue of fact for a decision maker (Jury) to consider. This article will focus on the factors that the Court deemed were sufficient to establish a material issue of fact in Dr. Nylander’s claim for total disability benefits that resulted in the case not being dismissed. It should also be noted that Dr. Nylander’s disability insurance policy was an Individual Disability Income/Insurance (IDI) policy and not an employer provided group disability policy governed by ERISA. As such Dr. Nylander has a great deal more rights as it relates to trial- including a jury trial, live testimony, the ability to take depositions, etc.
Continue Reading Court Finds Evidence of Total Disability for OB/GYN With Finger Injury

Resolved Cases:
Attorney Stephen Jessup of Dell & Schaefer successfully wins disability insurance benefits to an IT Manager suffering from Multiple Sclerosis.
Lincoln Approves Disability Benefits Following Second Appeal

Resolved Cases:
A former employee of the National Student Clearinghouse is finally on claim after an appeal by Dell & Schaefer. Though benefits have been approved for his mental health disorder, Dell & Schaefer will not prove to Mutual of Omaha that the client is physically disabled as well.
After an appeal, a former Director of Information Security, gets disability benefits approved for mental health disorder. The fight for long term disability benefits for client’s physical limitations continues

Disability Insurance News:
6th circuit Court of appeals overturns denial of benefits to claimant with EDS.
Court Criticizes Lina For Failing to Perform Independent Examination

Disability Insurance News:
Reliance Standard overturns a denial of disability benefits to Project Manager suffering from Chronic Pain following an appeal submitted by Attorney Stephen Jessup.
Reliance Standard Reinstates Disability Benefits to Project Manager

Disability Insurance News:
Tennessee Federal court denies Unum’s Motion for Summary Judgment and holds a functional capacity evaluation is objective evidence of gynecologist’s inability to perform surgery.
Unum Motion to Deny Total Disability Benefits to OB/GYN Denied by Tennessee Judge

Resolved Cases:
Attorneys with Attorneys Dell & Schaefer have handled thousands of Long Term Disability claims with all the major insurance companies and have seen the changes that have occurred over the years. Here are some recent trends seen with 10 of the major companies:
Recent Disability Insurance Company Trends

Resolved Cases:
A senior merchant for Express , Inc., who suffers from the effects of a traumatic brain injury gets LTD claim approved after appeal by Attorney Alexander Palamara.
Senior Merchant of American Fashion Retailer Giant gets LTD Claim Approved After Appeal to Reliance Standard

Disability Insurance News:
A California federal court recently reversed Metlife’s denial of long term disability benefits for a claimant with heart disease. Metlife attempted to rely on a ejection fraction rate reading as a basis to deny the claim. The Federal Judge ruled that Metlife abused their discretion and reversed the decision. In this video, attorneys Victor Pena and Gregory Dell discuss the courts findings and offer some tips as to how to strengthen a cardiac related long term disability claim.
Metlife Denial of Long Term Disability Benefits For Heart Disease Claimant is Reversed

Resolved Cases:
Following an appeal submitted by Attorney Stephen Jessup, Cigna overturns its denial of long term disability to insured with severe vision problems.
Cigna Reinstates Disability Benefits to Project Manager on Appeal

The case of Dawna Lane v. Prudential Insurance Company is limited to a discussion by the Utah Federal District Court about whether or not Plaintiff’s ERISA lawsuit for long term disability benefits should be dismissed on the grounds of judicial estoppel. Although a reference is made to her suffering from “severe psychological conditions,” there is no discussion of her actual disability or conditions of employment.
Continue Reading Court Dismisses Plaintiff’s Disability Claim Against Prudential