In a recent ruling from the United States District Court District of Nevada, a Judge ruled that CIGNA/LINA was wrong in denying continued Long Term Disability Benefits to Kimberly Brown.
Continue Reading Court Rules that CIGNA/LINA Wrongfully Terminated Disability Benefits of Person with Cognitive Limitations caused by a Brain Tumor

Disability Blog & Cases:
Court Takes Sun Life To Task For Denial Of Disability And Life Insurance Benefits Of Man With Brain Tumor

The widow of a claimant, who died from a malignant brain tumor, brought this lawsuit with the help of her Colorado Disability Lawyer after Sun Life refused to award cancer disability benefits.


Disability Blog & Cases:
CIGNA Disability Claim Denial: A Claimant’s View

Every day disability claimants around the country contact our disability attorneys about a CIGNA disability claim. Many individuals tell us similar stories about the manner in which their CIGNA disability claim has been handled. We wanted to share with you a recent comment that was posted on our website about a CIGNA denial.


Disability Blog & Cases:
Sedgwick Terminates PNC Compliance Specialist’s Long Term Disability Benefits

Recently, a former Compliance Specialist for PNC Financial Services Group was unsuccessful in her lawsuit again her former employer and Sedgwick. This case is a strong reminder that even though a claimant has been awarded disability benefits from the Social Security Administration, it does not mean that the Long Term Disability Insurance Provider must also award disability benefits.

Disability Blog & Cases:
Assistant Vice President of Meadowbrook Insurance Group files a lawsuit against CIGNA for denied disability benefits claim

In a lawsuit against CIGNA Group, Paul M. and his Massachusetts disability lawyer allege that the insurer is guilty of…


Disability Blog & Cases:
56-year-old disabled District Manager of Dollar Financial Group sues AETNA for denial of disability benefits

Carmen R. and her Florida disability lawyer take AETNA to task in a suit filed on December 19, 2011 in the United States District Court for the Southern District of Florida Fort Lauderdale Division. Claiming AETNA violated ERISA and other employment laws, Carmen and her lawyer accuse the insurer of wrongfully denying Carmen her entitled long term disability benefits after she became unable to perform her job duties as a result of degenerative and traumatic injuries.


Disability Blog & Cases:
Hartford interview request is a trap used to support a disability denial

As disability attorneys that have handled hundreds of Hartford disability claim denials nationwide, we are always trying to warn Hartford disability claimants about the claim handling tactics used by Hartford. Hartford handles every disability claim in a similar manner and they can be relentless in their pursuit of a claim denial. Our suggestion is to never allow a Hartford employee to interview you without representation…


Disability Blog & Cases:
Liberty Mutual Disability Denial Of Wachovia Employee Upheld By Appellate Court

This case is another reminder of the importance to comply with ERISA disability Appeal time deadlines. Plaintiff was a commissioned securities broker for Wachovia Corporation, and a participant in Wachovia’s Long Term Disability Plan (“the Plan”). Liberty Mutual was the administrator of the plan. He was awarded Long term disability benefits in 2005, though he disputed the amount he was being paid monthly.


Disability Blog & Cases:
Lincoln Financial Disability Denial: Determining a Date of Disability is Critical

Applying for disability insurance benefits is a complex process that requires a claimant to be familiar with all of the requirements in a disability policy. We often see that disability claims are denied benefits because a claimant does not select the correct date of disability.

Disability Blog & Cases:
CIGNA faces a lawsuit by American Homecare Supply Respiratory therapist for termination of disability benefits

In a December 2, 2011 lawsuit filed in the United States District Court for the Middle District of Pennsylvania, Sharon H. and her Pennsylvania disability attorney allege that CIGNA Group Insurance unjustly terminated Sharon H.’s disability benefits.


Disability Blog & Cases:
Long time Bank of America employee sues AETNA for denial of disability benefits

Filing a lawsuit under ERISA (the Employee Retirement Insurance Security Act of 1974) against AETNA, Leslie R, and her Arizona disability lawyer accuse the insurer of operating under a conflict of interest in the denial of Leslie R.’s short term disability benefits. As the decision maker and payor of benefits, AETNA has a bias toward denying benefits. And, according to Leslie R.’s disability lawyer in such incidents like Leslie R., the insurer is inclined to deny short term disability benefits in an effort to not have to follow through with long term disability benefits payments.


Disability Blog & Cases:
Sedgwick continues to deny disability benefits to AT&T employee

An AT&T employee recently shared her experience about dealing with Sedgwick for a short term disability claim. This story is a routine situation for people that are forced to deal with Sedgwick for the handling of their disability insurance claim.

 Cigna again finds itself in court over termination of entitled disability benefits. In the United States District Court of the Eastern District of Pennsylvania case Gena N. v. Liberty Insurance Company of North America a/k/a Cigna, Gina N. and her Pennsylvania disability attorney have appealed to the District Court to enter a judgment against the insurer for an award of her full and complete payment of long term disability benefits from the date of the termination of her long term disability benefits moving forward per the terms of her employee CIGNA plan, reasonable attorneys’ fees, costs and "expenses as permitted under ERISA, interest and any other equitable relief" the Court deems appropriate.

Office Manager Hires Disability Attorney to File Lawsuit against Cigna

Gina N. was employed at Drexel University College of Medicine as the Office Manager until February 7, 2003 when she ceased work as the result of a serious lower back injury which she sustained when she slipped and fell on ice in a parking lot. After intensive medical treatments and failed surgeries, Gina N. was forced to stop working, applied for her Cigna disability benefits, was awarded those benefits, and was awarded Social Security Disability Benefits. Then in January of 2009, some seven years later, Cigna terminated Gina N.’s disability benefits, basing its decision on its allegation that Gina N. "was not in compliance with the policy for failure to attend a scheduled Functional Capacity Evaluation (FCE), and by February 2010, Gina N. had exhausted all her administrative appeals forcing her to seek the assistance of a disability attorney to litigate her case.

Attorney Says Cigna was Arbitrary and Capricious in Denial of Disability Benefits

Charging Cigna with arbitrarily and capriciously terminating and denying her long term disability benefits, Gina N. and her disability attorney state that Gina N. had at all times sent medical documentation to the insurer as required, verifying her disabled condition. In addition, while Gina N. did miss one FCE appointment, she did undergo an FCE on November 17, 2009 and the test revealed that Gina N. did have limited movement and did suffer from back pain; the report did not, however, evaluate whether Gina N. had the "exertional capacity to re-engage in even a sedentary level position." In fact, Gina N. provided Cigna with this FCA report in one of her appeals to no avail. Gina N. and her attorney believe, and state in her complaint, that the insurer upheld its termination of Gina N.’s disability benefits on the exclusive opinion of a doctor from MLS Group of Companies, a peer review and report ordered by Cigna.

Doctor for Cigna Passed Judgment without Examining Claimant in Person

The doctor who evaluated Gina N.’s claim did not personally interview or evaluate Gina N.’s medical condition and, in fact, used a "standard form instruction sheet that it transmits to the physicians it selects and contracts with to conduct evaluations, which form is not contained in Cigna’s claim file," but which instructs evaluating physicians to "ignore subjective complaints" and limits the scope of any investigation. Gina N.’s attorney thus alleges that Gina N.’s assessment was "intentionally constrained" and that the assessment ignored her medical records and that the evaluation of "her condition was unfair, inappropriate, misleading, and did not constitute anything remotely resembling an ‘independent medical evaluation’."

In addition, Gina N. and her attorney allege that Cigna breached its disability insurance contract with Gina N. in violation of the Employee Retirement Insurance Security Act of 1974 (ERISA) by not providing a full and fair review of Gina N.’s claim. They allege that these violations entitle Gina N. to a judgment of wrongful denial on Gina N.’s claim, and seek to reinstate her long term benefits and compensation for attorneys’ fees and other damages to be determined by the District Court.

About the author: Gregory Michael Dell is an attorney and managing partner of the disability income division of Attorneys Dell & Schaefer. Mr. Dell and his team of lawyers have assisted thousands of long-term disability claimants with their claims against every major disability insurance company. To request a free legal consultation call 800-411-9085.

Disability Blog & Cases:
Question writer for Jeopardy/Sony Pictures files suit against Prudential

A California disability attorney and his client filed suit against The Prudential Insurance Company of America (Prudential) in the United States District Court Central District of California on October 28, 2011 for unpaid long term disability payments due per the terms of an employee disability insurance plan.


Disability Blog & Cases:
CIGNA under fire in Minnesota Federal Court for termination of claimant’s disability benefits

Beverly S. and her Minnesota disability attorney filed a lawsuit against CIGNA in the United States District Court for the District of Minnesota in an effort to procure her entitled disability benefits.


Disability Blog & Cases:
Electrical assembly worker for Northrop Grumman files a complaint against UNUM for denial of long term disability benefits

Fifty-nine-year old, former Northrop Grumman Corporation employee Rita L. and her Utah disability lawyer filed suit against UNUM Life Insurance Company and her employer in Federal Court in Utah. Claiming that the UNUM Plan Administrator erroneously denied Rita her disability benefits, the complaint asks the District Court to right this wrong.

Disability Blog & Cases:
Registered nurse at Temple University Hospital denied disability benefits, sues Cigna

A Pennsylvania disability attorney recently filed a lawsuit in District Court of Pennsylvania against Cigna. The Plaintiff, Jamy V., was employed as a registered nurse for Temple University Health Systems (TUHS) through April 1, 2006. Due to her employment with TUHS, Plaintiff was covered by TUHS’s Group Long-Term Disability Plan. This plan was administered by Cigna.


Disability Blog & Cases:
Employees of Wells Fargo, Heinz, and Otis Elevator sue Liberty Life for denial of ERISA benefits

Liberty Life Assurance Company of Boston (Liberty) was sued by three Plaintiffs in District Courts in Pennsylvania, Ohio, and California for failure to provide disability benefits as promised by ERISA. In all three cases that were filed via the Plaintiffs’ respective attorneys, Liberty is accused of wrongfully denying the claims of all three Plaintiffs for long-term disability benefits as promised under their respective plans.


Disability Blog & Cases:
CIGNA has three new lawsuits to deal with for unpaid disability benefits

Three recent ERISA complaints were filed against CIGNA in Kentucky, New York and Texas for denying short-term and long-term disability benefits. In each of the cases, with the assistance of a disability attorney, the claimants are suing for claims that were allegedly wrongfully denied. Lets take a look at each case: