Disability Insurance Cases Nationwide

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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

Attorneys Gregory Dell and Cesar Gavidia discuss problems encountered in litigation on behalf of a client who had a stroke. He returned to work, but three years later filed a claim for long-term disability benefits with Aetna Disability Insurance. Aetna agreed with his treating neuropsychologist that he could not work in his own occupation due to his symptoms indicating cognitive, visual, auditory, spatial, and perception issues and awarded him benefits.
Continue Reading Disability Attorneys Discuss Aetna’s Denial of LTD Benefits to Software Engineer Who Suffered a Stroke Followed by Cognitive Losses

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