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:

Disability Blog & Cases:
Radio personality files lawsuit against UNUM to recover disability benefits

A Radio Station employee and her Montana disability lawyer filed a lawsuit against UNUM Group in Montana Federal Court alleging that the insurer violated the Employee Retirement Insurance Security Act of 1974 (ERISA) when it wrongfully denied her entitled disability benefits per a policy she had with her employer, KMSO Radio.


Disability Blog & Cases:
CIGNA/LINA sued by Lockheed Martin employee for unpaid disability benefits

A lawsuit was filed August 1, 2011 in the Federal Court of New Jersey against CIGNA by a hardware analyst and her New Jersey disability attorney in an effort to procure the employee’s disability benefits. After suffering from melanoma of the uterus and courageous attempts to continue working, the claimant was unable to and filed for long term disability benefits. When CIGNA denied those benefits, the claimant was forced to hire an attorney and sue.


Disability Blog & Cases:
Liberty Life faces disability benefit lawsuits in Florida and Maryland for denying disability benefits

Four individuals, include two Comcast employees, with the help of their disability attorneys have filed Federal Lawsuits against Liberty Life Assurance Company of Boston for failing to pay long term disability benefits. Let’s take a closer look at each case.

Disability Blog & Cases:
Liberty Mutual must consider disability appeal submitted 2.5 years after denial

A Massachusetts Federal District Court recently entered a very favorable opinion for disability insurance claimants. This case against Liberty Mutual is very fact specific so it does not abolish the 180 day ERISA regulation requirement to submit an appeal in 180 days. This case is an example of how important it is to make sure your disability insurance company is complying with the terms of a disability policy. Disability insurance companies cannot make up their own rules.


Disability Blog & Cases:
Five lawsuits recently filed in Florida Courts against Prudential for non-payment of disability benefits to deserving claimants

With at least five suits filed against them in July, Prudential Insurance Company of America has a lot of unhappy claimants in Florida. Florida Disability Attorneys recently filed Five Lawsuits against Prudential for the denial of long term disability benefits. Let’s take a closer look at each case.


Disability Blog & Cases:
Microsoft employee denied disability benefits by Prudential

A Microsoft account representative and her California disability lawyer filed suit against Prudential Insurance and Tanaka’s employer under the Employee Retirement Income Security Act of 1974 (ERISA) on August 1, 2011 in an effort to get a Federal Court to order the insurer to pay her entitled disability benefits. The Employee became disabled in March 2006 due to the worsening of her fibromyalgia condition which included symptoms of pain, fatigue and cognitive dysfunction. Initially approved for receipt of her disability benefits in May 2007 retroactive to September 13, 2006, Tanaka thought she was set for continuing disability benefits per the terms of her employee Prudential policy.


Disability Blog & Cases:
CIGNA denies disability claim and gets sued by neurologist

A complaint recently filed in Pennsylvania Federal Court by a Pennsylvania disability attorney against CIGNA and Life Insurance Company of North America petitions the Court to provide denied long term disability benefits.

Disability Blog & Cases:
Prudential denies disability benefits to KPMG employee suffering from “sick sinus” syndrome

An Oregon disability attorney was forced to file a federal ERISA lawsuit against The Prudential Insurance Company of America after his client was wrongfully denied continued long-term disability benefits.


Disability Blog & Cases:
After being denied disability benefits, Rabbi suffering from bipolar disorder sues CIGNA

An Indiana disability attorney recently filed a federal lawsuit against the Cigna Life Insurance Company of New York (Cigna). The Plaintiff, by virtue of her employment, was covered by a monthly disability benefit plan with Cigna. When Cigna denied wrongly withheld disability benefit payments, the Plaintiff was forced to file a lawsuit.


Disability Blog & Cases:
Disabled Georgia man sues Boston Mutual for denial of disability benefits

A Georgia disability attorney recently filed a federal ERISA disability lawsuit against Boston Mutual Insurance Company of America and Disability Reinsurance Management Services (DRMS) to recover long-term disability benefits that were wrongfully withheld.


Disability Blog & Cases:
Jury orders Unum Provident to pay lifetime long term disability insurance benefits to physician

Dr. G, has been battling Provident Accident and Life Insurance Company (acquired by Unum) since his long term disability insurance benefits were denied in 1999. After two jury trials, multiple motions for summary judgment, and an appeal, Dr. G has once again won a verdict granting him lifetime disability benefits. It is likely that Unum will once again appeal the jury verdict and this case will continue for several more years. Dr. G is currently owed approximately $1,400,000 in unpaid disability benefits and prejudgment interest. This case is an extreme example of the type of litigation that can ensue if a long term disability claim is denied. Our law firm has litigated hundreds of cases of Unum Provident nationwide; however this case was not handled by our law firm. This case deals with the issue of lifetime total disability benefits in ERISA exempt disability policies.

Disability Blog & Cases:
Nestle Waters employee sues Assurant for denial of disability benefits under ERISA

A Pennsylvania disability attorne y recently filed a Federal lawsuit in Pennsylvania against Assurant, Inc. (Assurant), Assurant Employee Benefits (AEB), and Union Security Insurance Company (Union).


Disability Blog & Cases:
Disability attorney and client suffering from fibromyalgia and hypertension sue UNUM for unpaid long term disability benefits

On July 5, 2011, Annie T. Merion and her Georgia disability attorney filed a lawsuit against UNUM Life Insurance Company of America in the United States District of Georgia, Macon Division on a claim for long term disability benefits. As a governmental employee plan for disability benefits, Merion’s claim is excluded from being a plan governed by the Employee Retirement Income Security Act of 1974 (ERISA). Merion, however, was entitled to her disability plans as she was covered under a UNUM disability plan that was provided through the Peach County Board of Education. As such, Merion brought her claim against UNUM Life because of its termination of her disability benefits that are owed her.


Disability Blog & Cases:
Ladenburg Thalmann Branch Manager suffering from injured back sues CIGNA for denial of disability benefits

A New York disability attorney recently filed a federal ERISA lawsuit against the CIGNA Life Insurance Company of New York (CIGNA). The Plaintiff was forced to file suit after CIGNA repeatedly denied her disability claim.


Disability Blog & Cases:
Ohio National Life Insurance Company denies claim after 7 years of disability payments

The plaintiff, with the help of an Oklahoma disability attorney , was forced to file a disability lawsuit against The Ohio National Life Insurance Company after Ohio National wrongfully withheld long term disability benefits from her.

Disability Blog & Cases:
Disabled South Carolina doctor sues Berkshire Life for disability benefits

A South Carolina disability attorney recently filed a federal lawsuit in South Carolina against the Berkshire Life Insurance Company of America. The plaintiff, a physician, paid for disability policies that were underwritten and insured by Berkshire. When the doctor applied for disability benefit, Berkshire refused to pay.


Disability Blog & Cases:
TRW Automotive Holdings Corporation financial analyst suffering from Type II diabetes and heart condition sues Prudential

A Michigan disability attorney recently filed a federal ERISA lawsuit in the district court for the Eastern District of Michigan against Prudential Financial Inc. in order to recover short-term and long-term disability benefits that were wrongfully withheld by Prudential and TRW.


Disability Blog & Cases:
Life Insurance Company of North America sued under ERISA in three different cases for denial to pay disability benefits

Three different lawsuits were recently filed by disability lawyers under the Employee Retirement Income Security Act (ERISA) against the Life Insurance Company of North America (LINA) in the Federal Courts of Illinois and Minnesota for improper denial of claims for disability benefits.

Disability Blog & Cases:
12 years of disability payments paid, but CIGNA suddenly determines claimant can perform sedentary job

A disability claimant receiving benefits from CIGNA can never let their guard down. CIGNA is constantly evaluating their claims and if they have an opportunity to deny disability benefits then they will do so. This case is an example of a woman that was paid over 12 years, before CIGNA decided to unreasonable pull the plug. Despite a deterioration of this woman’s medical condition, how could CIGNA really expect this woman to return to a 40 hour job?


Disability Blog & Cases:
Shaw Industries Group employee suffering with fibromyalgia and lupus sues Unum Life Insurance Company for denial of disability benefits

In Chrilon Daniels Vs Unum Life Insurance Company of America the plaintiff filed a disability lawsuit under the Employment Retirement Income and Security Act (ERISA) to recover long-term disability benefits that were wrongfully withheld by Unum.


Disability Blog & Cases:
Disability attorney sues Aetna Life Insurance for failure to pay short term disability benefits to Huhtamaki Americas employee

A Maine disability attorney recently filed a lawsuit in the District Court for the district of Maine against the Aetna Life Insurance Company (Aetna). In Bonnie Ramsdell vs Huhtamaki Americas, Inc and Aetna Life Insurance Company, the plaintiff, suffering with post traumatic stress disorder brought the disability lawsuit under the Employment Retirement Income and Security Act (ERISA) to recover short and long term disability benefits that were wrongfully denied by Aetna.

Disability Blog & Cases:
Medical Doctor sues Guardian / Berkshire Life Insurance Company Of America for $1.2 million dollars following denial of disability insurance benefits

Recently, in the case of Laser & Cosmetic Dermatology S.C and Jawdat Abboud Vs. Guardian Life Insurance Company Of America, Berkshire Life Insurance Company of America filed at the District Court for Northern Illinois Eastern Division, the plaintiff Jawdat Abboud through his Illinois disability attorney alleged that the Berkshire Life Insurance Company of America (a subsidiary of Guardian Life Insurance Company Of America) had caused him and his business to suffer damages due to the Berkshire Life Insurance Company of America (Berkshire) wilful conduct in constructively denying the plaintiff’s disability claim benefits due under the insurance policies that he purchased and contracted from Berkshire.


Disability Blog & Cases:
Medical Secretary suffering from “failed back syndrome” and leukemia sues The Standard Insurance Company for disability benefit denial

Despite numerous disabling medical conditions, The Standard Insurance Company Denied disability benefits. The plaintiff was a medical secretary working at a private practice. By virtue of her employment, the plaintiff became eligible for coverage under the Standard Insurance’s Select Trust Group Policy, Long Term Disability Benefits, Group Policy. Under the terms of the Plan, Standard Insurance is the Plan fiduciary and insurer.


Disability Blog & Cases:
CIGNA pays disability benefits for 10 years, offers a lump sum buyout and then denies disability claim

The case of Therese Regan vs. CIGNA Corporation d/b/a CIGNA Group Insurance and Pactiv Corporation concerns a former Pactiv Corporation’s Lab Technician who recently, through a New York disability attorney, filed a lawsuit at the District Court for the Northern District of New York against the CIGNA Corporation for wrongfully denying her claim for disability benefits.

An Illinois disability attorney, on behalf of a FedEx employee, recently filed a lawsuit at the District Court for the Northern District Of Illinois against the Life Insurance Company of North America (now part of CIGNA Group) for wrongfully classifying the post of a Line Haul Manager as a sedentary occupation thereby resulting in the claimant being denied his long term disability benefits.

Fedex Disability Insurance Claim Against Cigna

The case of Robert Best vs. Life Insurance Company of North America concerned the plaintiff who worked as a line haul manager for the FedEx Freight Systems, Inc. (FedEx). The plaintiff participated in an employee welfare benefit plan, as defined by the Employee Retirement Income Security Act (ERISA) that was issued by FedEx and administered by CIGNA. The plan provided for payments of disability benefits in the event the insured became disabled. Under the plan, the insured is:

Considered Disabled if solely because of Injury or Sickness, you are:

  • Unable to perform the material duties of your Regular Occupation; and
  • Unable to earn 80% or more of your Indexed Earnings from working in your Regular Occupation.

After Disability Benefits have been payable for 12 months, you are considered Disabled if, solely due to Injury or Sickness, you are:

  1. unable to perform the material duties of any occupation for which you are, or may reasonably become, qualified based on education, training or experience; and
  2. unable to earn 80% or more of your Indexed Earnings.

We will require proof of earnings and continued Disability.

While working with FedEx, the plaintiff began experiencing significant arthritis pain in his back and right hip which affected his ability to perform his tasks as a Line Haul Manager for FedEx. As a result of his medical condition, the plaintiff was forced to take medical leave in November of 2009. Subsequently, in April 2010, the plaintiff submitted a claim for long term disability benefits to CIGNA.

On June 3rd 2010, CIGNA approved the plaintiff’s Claim for long term disability benefits effective from November 11th 2009. Although CIGNA began paying long term disability benefits to the plaintiff in June 2010, CIGNA informed the plaintiff that it was "unable to continue paying benefits beyond September 9, 2010… Since you are able to perform a sedentary job, you are capable of returning to your job as a Line Haul manager which is a sedentary job," and therefore the "claim has been closed."

The plaintiff alleged that CIGNA’s determination that the Line Haul Manager position is a "sedentary job" was contrary to the evidence and affidavits provided to CIGNA which established that the position is clearly not a sedentary job but instead involves significant physical activity. Although the plaintiff appealed CIGNA’s decision and exhausted all avenues of administrative appeal, CIGNA continued to uphold its decision to deny the plaintiff his claim for long term disability benefits.

Alleged Legal Grounds For Lawsuit Against CIGNA filed by Illinois Disability Lawyer

In the lawsuit, the plaintiff alleged that CIGNA’s action to deny his claim for long term disability benefits was arbitrary and capricious as CIGNA’s denial was based on an erroneous basis that the plaintiff’s position as a Line Haul Manager was a sedentary position.

Relief Sought by the Plaintiff

The plaintiff also stated in the lawsuit that as a result of CIGNA’s actions, he had suffered damages and is seeking through the Court the following relief:

  • Judgment in the plaintiff’s favour and against ÇIGNA and an order for CIGNA to pay long term disability benefits to the plaintiff in an amount equal to the contractual amount of benefits that the plaintiff is entitled to under the Plan.
  • An order for CIGNA to pay the plaintiff prejudgment interest on all benefits that have accrued prior to the date of judgment.
  • An order to CIGNA to continue paying plaintiff benefits until the end of the Maximum Benefit Period as defined by the Plan.
  • An order to CIGNA to pay any and all additional benefits associated with long term disability coverage, including, but not limited to, health insurance coverage.
  • An award of attorney’s fees and costs of the lawsuit.
  • An award for all other relief to which the plaintiff may be entitled. 

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:
Massachusetts Disability Attorney filed lawsuit against the Aetna Life Insurance Company on behalf of Biogen Idec, Inc’s IT Technical Ops Lead for denial long term disability benefits

In the disability lawsuit of Joseph Mcdonough Vs Aetna Life Insurance Company, HM Life Insurance Company, Biogen Idec, Inc. & Biogen Idec., Inc., Group Long Term Disability Plan filed at the District Court for the District of Massachusetts, the plaintiff filed a federal lawsuit against Aetna for violations of the Employment Retirement Income Security Act (ERISA.)


Disability Blog & Cases:
Registered nurse & her california disability lawyer sue Unum Life Insurance Company for failure to pay disability benefits

A California disability attorney recently filed a lawsuit in the District Court for the Central District of California against the Unum Life Insurance Company of America (Unum). In Marjorie McGill Vs Unum Life Insurance Company of America, Administrator of the HCA Management Services, L.P. On Behalf of HCA’s Affiliated Facilities (Los Robles Hospital and Medical Center) Long-term Disability Plan, the plaintiff brought the legal action under the Employment Retirement Income and Security Act (ERISA) to recover short and long term disability benefits that were wrongfully denied by Unum.


Disability Blog & Cases:
CIGNA denies disability insurance benefits to Engineering Manager with Stage 4 cancer

The plaintiff Bradley Erickson was employed as an engineering manager for BorgWarner. By virtue of his employment, he was entitled to coverage under an employee welfare benefits plan issued by LINA and administered by CIGNA. At the District Court for the Eastern District of Michigan recently, a Michigan disability attorney filed a lawsuit on behalf of a client against the Life Insurance Company of North America (LINA) and CIGNA for denial of disability insurance benefits and ERISA violations.