Disability Insurance Cases Nationwide

In Micha v. Sun Life Assurance Company of Canada and Group Disability Benefits Plan (Sun Life v. Group Disability), plaintiff John Paul Micha, M.D., was covered by a disability benefit policy through Sun Life which had been purchased by Group Disability, an employee welfare plan maintained to provide disability benefits to the employees of the medical group of which Micha was a part.
Continue Reading Court Orders Sun Life Assurance Company to Pay Appellate Attorney’s Fees

Disability Insurance News:
Colorado District Court overturns denial of benefits by Life Insurance Company of North America
Court finds LINA’s challenge on claimant’s credibility unfounded.


Disability Insurance News:
Court Remands Finding That Reliance Arbitrarily Denied Disability Benefits
Kansas Court remands after finding Reliance Standard Life acted arbitrarily and capriciously in denying plaintiff long term disability benefits.


Disability Insurance News:
Court Orders Principal Life to Reinstate Long Term Disability Benefits
Washington Court ordered Principal Life Insurance to reinstate long term disability benefits for claimant when Principal used the wrong definition for “gainful occupation” when terminating benefits.

In this video, Attorneys Gregory Dell and Rachel Alters discuss a recent court decision in which Principal Life attempted to ignore an income qualifier in an “any occupation” definition as a technique to deny benefits. The court determined the policy language to be ambiguous and provided an interpretation in favor of the claimant. If you have been denied by Principal Life, or any disability insurance company, call Attorneys Dell & Schaefer for a Free Consultation.

Disability Insurance News:
Principal Life Disability Denial of Truck Driver Reversed by Washington Federal Judge
Principal Life Insurance long term disability benefit denial is ruled unreasonable by a Washington Federal Judge.


Resolved Cases:
Another Palm Beach County Sheriff’s Deputy’s Long Term Disability Claim is Reinstated Following Appeal by Disability Attorney Alexander Palamara
Sheriff’s Deputy suffering from back issues, knee issues and migraines gets re-approved for LTD benefits after Appeal by Dell & Schaefer.


FAQ: Interview With Disability Company:
What Should I expect if Metlife wants to send someone to Interview me?
Our disability lawyers have helped hundreds of claimants nationwide to prepare and get through a MetLife investigator interview. If Metlife has requested an interview always seek representation from a disability lawyer.

In this video, Attorneys Gregory Dell & Rachel Alters discuss a recent court ruling in which Reliance Standard failed to reasonably evaluate the cognitive aspects of the plaintiff’s requirements to do her job as an attorney. Unfortunately for the policy holder, the court remanded the claim back to Reliance Standard for further evaluation of benefits.
Continue Reading Reliance Standard Denial of Disability Benefits for an Attorney Reversed by Kansas Judge

Prior to her disability Hadar Meiri was Vice President, Human Experience Strategy Director for MediaVest USA, earning an annual salary of $165,000. In July 2014 she was diagnosed with thyroid cancer for which she underwent a total thyroidectomy. She had also had a history of Hashimoto’s Thyroditis and Hypothroidism. Following her surgery she continued experiencing fatigue and weakness. She also developed symptoms of brain fog, poor memory, fatigue, and poor focus.
Continue Reading US District Court Judge Orders Hartford Life and Accident Insurance Company to Pay Long-term Disability Benefits to Disabled Executive After It Denied Thyroid Cancer Claim

Disability News:
Long Term Disability Claims Due to Back Pain
One of the most common causes for filing a short or long term disability insurance claim is due to “back pain.” Although this encompasses a wide range of conditions – from disc herniations and bulges to soft tissue disorders and fibromyalgia – insurance companies will evaluate entitlement to benefits as a result of back pain in the same manner regardless of the medical basis for the pain.


FAQ: Claim Handling
When is the Best Time to Submit a Claim for either STD or LTD insurance benefits?
The answer to this question depends on numerous factors such as disability policy language, medical support and treating physician medical documentation. In this video, disability insurance attorneys Gregory Dell and Cesar Gavidia discuss some of the common issues encountered when selecting a date of disability.


Disability News:
United of Omaha criticized for relying on in-house medical review and failing to obtain independent examinations
This case was decided by a district court in Illinois and involved United of Omaha Life Insurance Company. An ERISA action was filed by the Plaintiff, Gina Tassone, after her LTD benefits were terminated. She had been paid two-years of regular-occupation benefits for her inability to work as a Finance Manager and like many group disability policies, her insurance policy’s definition of disability changed after two-years of benefits.

As we have indicated time and time again, an ERISA administrative appeal is one of the most important documents to be filed as part of your disability insurance claim. Second only to the initial application for benefits, your administrative appeal is often your only opportunity to provide evidence of disability sufficient for an insurance carrier to overturn a denial of benefits. Although some insurance carriers such as Lincoln require a mandatory second appeal and others such as Prudential and Cigna allow for voluntary second appeals, the vast majority of insurance carriers only allow for one level of appeal and if that is denied the only recourse available is to file a lawsuit under ERISA. We have explained the perils of litigating an ERISA based disability policy on many occasions on our website, as such, in this article so we will not go into the Arbitrary and Capricious standard of review commonly applied in ERISA cases. However, it is important to note that in a lawsuit brought under ERISA there are no jury trials nor is there live testimony at “trial,” which means neither you as the insured or your doctors will be allowed to testify before the judge, and last, relevant to this article- no new information after the final denial of benefits will be allowed at trial. With this final caveat, it becomes all the clearer why filing as complete an Appeal as possible is crucial to receiving your disability benefits.
Continue Reading Court Rejects New Information in ERISA Disability Case

In this video Attorneys Gregory Dell & Rachel Alters discuss the 6th Circuit Court of Appeals decision that United of Omaha’s termination of LTD benefits of an unskilled and illiterate Plaintiff was unfair and arbitrary and capricious as the Plaintiff was unemployable in any other occupation.