Disability Blog & Cases:
Oregon Judge orders Standard Insurance Company to pay disability insurance benefits beyond the 24 month mental disorder limitation

In James F. Kitterman Vs Standard Insurance Company and Standard Select Trust Insurance Plans, the plaintiff, through his Oregon disability attorney, brought an ERISA action against the Standard Insurance Company (Standard) seeking to recover long term disability insurance benefits wrongfully denied under the terms of a group insurance plan (the Plan) issued by The Standard Insurance Company. This case is a victory for disability claimants and addresses an issue that is very common among thousands of claimants seeking disability benefits.


Disability Blog & Cases:
Bridgestone employee sues Liberty Life Assurance Company of Boston for long term disability benefits

Sandra Cotton-Lyons filed a lawsuit against Liberty Life Assurance Company of Boston (Liberty Mutual), Administrator of the Bridgestone Americas, Inc. Long Term Disability Plan in the United States District Court for the Eastern District of North Carolina. As an employee of Bridgestone Americas, Inc. (Bridgestone Firestone), Cotton-Lyons, a resident of Rocky Mount, North Carolina, is a qualified, vested member in her employer’s disability insurance plan with Liberty Life.


Disability Blog & Cases:
Cigna denies Herff Jones Inc. employee disability benefits after she is diagnosed with multiple sclerosis

Karen Kolesky has filed a lawsuit against Herff Jones Inc., Cigna Insurance, and Life Insurance Company of North America in the United States District Court of Utah, Northern Division in an effort to receive her long term disability benefits as promised in her employee insurance policy. In possession of an employee insurance policy from her employer Herff Jones, Inc., Kolesky applied for long term disability benefits when she became disabled in November 2009.


Disability Blog & Cases:
A phlebotomist employed by Quest Diagnostics and diagnosed with RSD sues Aetna for denial of long term disability insurance benefits

In Sheila Pannozzo v. AETNA Life Insurance Company, Quest Diagnostics, Inc., Quest Diagnostics Long Term Disability Benefits Plan, filed in the United States District Court of the Middle District of Pennsylvania, Pannozzo and her Pennsylvania disability attorney accuse AETNA of abruptly and improperly terminating her disability benefit payments in violation of the Employee Retirement Income Security Act (ERISA) and 29 U.S.C. § 1132(a)(1).


Disability Blog & Cases:
CIGNA entitled to recover social security disability benefit overpayment

The United States Court of Appeals for the Third Circuit recently reversed a district court’s decision denying CIGNA recoupment of overpaid benefits.


Disability Blog & Cases:
What is Liberty Life Assurance Company of Boston trying to hide in denial of disability benefits?

This disability insurance case against Liberty Life Assurance is an example of the type of fight that a disability insurance company will engage in once a disability lawsuit is filed. It is often surprising that disability insurance companies will claim they are acting fairly, yet when you ask them to provide claims handling information they will aggressively object.

Resolved Cases:
CIGNA denies benefits after paying for 10 years, but Disability Attorney Stephen Jessup wins benefits for 60 year old client with fibromyalgia

For ten years our client was receiving long term disability benefits from CIGNA under an ERISA governed Group Disability Policy (Jaycor) due to a litany of medical conditions, which included Adult Onset Still’s Disease, Chronic Pain, Fibromyalgia and Fatigue. During the course of his claim and well prior to CIGNA’s termination of benefits, he had already met and passed the own occupation to any occupation definition change, had been approved for disability benefits by the Social Security Administration, and had even been approached by CIGNA on several occasions for a lump sum buy out of his policy. For all intensive purposes it would seem that at the age of 60 and the decade long history of his claim that CIGNA would not challenge the claim. However, CIGNA proved the adage that disability benefits are never guaranteed benefits.


Disability Blog & Cases:
California Court orders CIGNA to disclose amount paid to MES Solutions for medical reviews

CIGNA Insurance Company can run but they can’t hide. Recently, the US District Court for the Central District of California granted Plaintiff Bradley Wojno’s Motion to Compel Defendant CIGNA Insurance to reveal the extent of it financial relationship with MES Solutions. Mr. Wojno’s California disability attorney sought information from CIGNA that could unveil potential conflicts and biases of CIGNA’s hired gun doctors relied upon to terminate Mr. Wojno’s disability benefits.


Disability Blog & Cases:
Federal Judge orders Sedgwick Claims Management to pay disability benefits to PNC Financial Services Group, Inc’s Collection/Recovery Team Manager

Disability claimants need to be extremely cautious when dealing with Sedgwick Claims Management Service Inc. (Sedgwick). From our law firms’ experience of handling thousands of disability insurance claims, Sedgwick is one of the top three most difficult companies to deal with. Unfortunately, Sedgwick will capitalize on any opportunity to deny a claimant their disability benefits. This case discusses the unreasonable conduct used by Sedgwick to wrongfully deny disability benefits.


Disability Blog & Cases:
Standard Insurance Company’s attempt to dismiss disability insurance lawsuit is denied in-part by Florida Federal Judge

Disability claimant challenges Standard Insurance Company’s attempt to limit disability benefits to 24 months under the “Other Limited Conditions” provision.


Disability Blog & Cases:
Life Insurance Company Of North America denies disability benefits and battles claimant for 4.5 years in Federal Court

LINA should be embarrassed and show some respect for a former payroll clerk that had no ability to work due to numerous medical conditions. After litigating for more 4.5 years since her wrongful denial of disability benefits, Ms. Dupree finally received a ruling in her favor from the United States Court of Appeal. LINA fought this disability claim until there were no more courts left for them to appeal to. While, Ms. Dupree eventually won her disability benefits, it is sad that she had to battle for 4.5 years without any payment from LINA. LINA essentially left Ms. Dupree out in the cold. Unfortunately, Dupree’s only remedy is payment of her benefits, interest and attorney fees. This case is a prime example of the wrongful conduct by LINA and the exact reason that punitive damages should be allowed.


Disability Blog & Cases:
California Judge grants disability claimant’s request to investigate Hartford Life And Accident Insurance Company’s relationship with hired doctors

In Mary Carten vs. Hartford Life and Accident Insurance Company, Group Long Term Disability Plan for Employees Of FMR Corporation, the plaintiff brought the civil lawsuit in a California Federal Court under the Employment Retirement Income Security Act (ERISA) to challenge a denial of disability benefits made by the Hartford Life and Accident Insurance Company (Harford). The plaintiff requested an opportunity to conduct discovery into Hartford’s claims handling practices in order to determine if Hartford’s wrongful denial her long term disability benefits was done with a conflict of interest. It is ironic that Harford denies disability benefits and then tries to do whatever they can to hide the existence of their financial relationship with the doctors they hire. Hartford is suppose to be the fiduciary of Ms. Carten. Hartford’s actions clearly suggest that they are not acting in the best interest of Ms. Carten.

Disability Blog & Cases:
Office medical specialist suffering with fibromyalgia and CFS hires Arizona Disability Attorney to sue CIGNA for denial of disability benefits

Anita Barajas has taken her disability claim to the United States District Court of Arizona in an attempt to force University Physicians, Inc. (“UPI”), CIGNA Group Insurance, and Life Insurance Company of North America to provide her the disability benefits she is entitled to. An Office Medical Specialist 2 for UPI, Barajas became disabled on July 8, 2008 when “fibromyalgia and Chronic Fatigue Syndrome (“CFS”), Sjorgen’s syndrome, and depression with memory loss” prevented her from performing her duties as an office medical specialist or any other occupation.


Disability Blog & Cases:
Disabled engineer from Philips Electronics North America sue Sedgwick Claims Management Services Inc. for denial of long term benefits claim

In the case of Andrew Gary Sigai V Sedgwick Claims Management Services, Inc. and Philips Electronics North America Corporation, as Administrator of the Philips Electronics North America Long Term Disability Program, the plaintiff Gary Sigai, through a Kansas disability attorney, filed a lawsuit against Sedgwick Claims Management Services, Inc (Sedgwick CMS) at the District Court for the District of Kansas.


Disability Blog & Cases:
Disabled Goldman Sachs’s financial analyst filed lawsuit against Prudential Insurance Company Of America for denial of disability benefits following multiple seizures

Many disability insurance companies have developed a notorious reputation for the way they handle claims for long term disability (LTD) benefits. Regardless of the claimant’s background or medical conditions, the disability insurance companies will always try to have the last say in a claim application and reduce their obligation to pay out LTD benefits. A recent lawsuit filed by a New Jersey disability attorney at the District Court for the District of New Jersey is a very good example of how the Prudential Insurance Company of America (Prudential), as alleged in the lawsuit, “contrived a way to avoid paying those benefits…” Let us take a closer look at the case of Courtney A. Leone v Prudential Insurance Company of America.


Disability Blog & Cases:
New Jersey disability attorney filed lawsuit against Prudential Insurance Company of America to compel payment of long term disability benefits to disabled client

A lawsuit was filed recently at the District Court for the District Of New Jersey against the Prudential Insurance Company of America (Prudential) by a former employee of Horizon Blue Cross Blue Shield of New Jersey for unlawfully discontinuing benefit payments to the disabled plaintiff. In Denise Hodges V Prudential Insurance Company of America & Horizon Blue Cross Blue Shield of New Jersey (Horizon), the plaintiff Denise Hodges alleged that Prudential had contravened the provisions of the Employee Retirement Income Security Act of 1974 (ERISA) by failing to pay disability benefits to her.


Disability Blog & Cases:
Unum Life Insurance Company of America sued for claiming social security child benefits as part of the reimbursement for overpayment of long term disability benefits

Nowadays, it is standard practice for disability insurance companies to require claimants with long term disability (LTD) benefits to apply for Social Security disability benefits as well. Upon being approved for social disability benefits, the disability insurance companies will then deduct the amount of the monthly social security payment from the monthly benefit amount that was previously paid by the disability company. In most cases there are no disputes by the recipients as to this procedure by the disability insurance companies. However, problems arise when the disability insurance companies also try to claim those social security benefits like social security child benefits as offsets which are not meant for the claimants of LTD benefits. The case of William E. Sorrell V UNUM Life Insurance Company of America is an example of the above mentioned situation.


Disability Blog & Cases:
Disabled project manager for RTP Technology Corporation filed lawsuit against the Unum Life Insurance Company of America for refusal to pay disability benefits

A New Jersey disability attorney recently instituted a lawsuit against the UNUM Life Insurance Company of America (UNUM) at the District Court for the District of New Jersey of behalf of a disabled client. In Robert Garozzo v UNUM Life Insurance Company of America and RTP Technology Corporation long term disability plan, the plaintiff Robert Garozzo is seeking payment of disability income benefits from UNUM under the terms of a long term disability Benefit plan.

Disability Blog & Cases:
30 year veteran employee of 3M Company sues company and Sedgwick Insurance for disability benefit denial

An employee of 3M Company as a Key Account Manager for 30 years, Dominic D. LaPorta was shocked to find out that his security net disability insurance plan was not so secure when Sedgwick Claims Management failed to meet its obligations to provide him disability benefits should he become disabled while working at 3M Company. With no other options available to resolve his issue with 3M Company and Sedgwick, LaPorta engaged the services of a disability attorney and filed a lawsuit against 3M and Sedgwick, alleging ERISA violations, on May 27, 2011 in the United States District Court of Minnesota.


Disability Blog & Cases:
Insurance sales agent files a disability insurance denial lawsuit against Liberty Life Assurance Company of Boston

Ricky C. Hampton, an insurance sales agent with Alfa Mutual Insurance Company (Alfa) has filed a lawsuit against his own disability insurance company, Liberty Life Assurance Company of Boston. A position described as light, Hampton was required to work forty hours per week, five days a week and was frequently asked to perform the following duties, all of which were documented in his job description.


Disability Blog & Cases:
Sun Life Insurance Company is sued for disability benefits in two separate cases for arbitrary and capricious denial of disability claims

With disability insurance lawsuits occurring up and down the eastern US coastline, Sun Life Insurance Company has a lot of litigation to settle. Just in May 2011, Sun Life was hit with two complaints from disability insurance benefits claimants, one in the United States District Court District of New Jersey (Kevin Giblin v. Sun Life and Health Insurance Company et. al) and the other in the United States District Court for the District of South Carolina, Spartanburg Division (Duane Easler v. Sun Life Assurance Co. et al.).


Disability Blog & Cases:
Xerox employee is denied her long term disability benefits and sues Sedgwick and Xerox

An employee of Xerox Corporation files a lawsuit against Sedgwick Claims Management Services, Inc., Sedgwick Claims management Services, Inc., and The Prudential Insurance Company of America for disability benefits. An employee with Xerox for 10 years, Andrea Calhoun brought a lawsuit against her employer and Sedgwick under the Employee Retirement Income Security Act of 1974 (ERISA) 29 U. S. C. § 1001, et seq. "seeking to overturn a denial by the Defendant" of her long term disability benefits.


Disability Blog & Cases:
CIGNA Group Insurance and Subsidiaries sued in Alabama, New York and Michigan for allegedly acting arbitrarily and capriciously in denying claims for long term disability benefits

Recently, the CIGNA Group Insurance and its subsidiaries (CIGNA) faced a barrage of disability insurance lawsuits filed against the company and its subsidiaries across the country allegedly for denying long term disability (LTD) benefits by ignoring overwhelming medical evidences that supported the plaintiffs’ disabled condition.

Disability Blog & Cases:
Disabled Unisys network design engineer sue Aetna Life Insurance Company seeking payment of long term disability benefits

Through a Utah disability insurance lawyer, a lawsuit was filed at the District Court for the District of Utah by a disabled Network Design Engineer formerly working at Unisys. In the lawsuit, it was claimed that the Aetna Life Insurance Company’s (Aetna Life) failure and refusal to pay the plaintiff long term disability (LTD) benefits under an employee welfare benefit plan underwritten and insured by Aetna Life constituted a breach of the terms and provisions of the Plan and of the Employee Retirement Income Security Act of 1974 (ERISA).


Disability Blog & Cases:
Former Charles Schwab Corporation employee sues Liberty Life Assurance Company of Boston for denial of long term disability benefits

A Kentucky disability lawyer recently filed a lawsuit against the Liberty Life Assurance Company of Boston (Liberty Life) at District Court for the Eastern District of Kentucky. In Rita Dirks Vs Liberty Life Assurance Company Of Boston, The Charles Schwab Corporation Long Term Disability Plan And The Charles Schwab Corporation, it was alleged by the plaintiff Rita Dirks that Liberty Life had violated the provisions of the Employee Retirement Income Security Act of 1974 (ERISA) in the handling of her claim for long term disability (LTD) benefits.


Disability Blog & Cases:
Cigna denies disability benefits to former Healthsouth Corporation nurse after paying for 11 years

In Susan Sheehan Vs Cigna Group, Life Insurance Company of North America, a Massachusetts disability attorney filed a lawsuit at the District Court District Of Massachusetts claiming that the giant disability insurance company Cigna Group (Cigna), had contravened the provisions of the Employment Retirement Income Security Act (ERISA) in its handling of a client’s claim for disability benefits.


Disability Blog & Cases:
Prudential terminates disability benefits of traumatic brain injury claimant in a case of mistaken identity

James H. White filed a lawsuit against Prudential Insurance of America in the United States District Court For The Eastern District of Pennsylvania for the insurer’s termination of White’s disability benefits after paying him disability benefits for twenty-four (24) months. Claiming that White’s disability was the product of a pre-existing metal illness, Prudential Insurance terminated White’s disability benefits because his policy with Prudential only allows 24 months of disability benefits when the disabling condition is related to a mental illness.


Disability Blog & Cases:
Sunlife denies disability benefits to Wise Foods employee disabled by cancer and shoulder surgeries

John McGinnis has filed a lawsuit against Sun Life Assurance Company of Canada because the insurer denied him his disability insurance benefits and life insurance coverage as dictated by ERISA 29 U.S.C. § 1001 et seq. According to the Complaint that McGinnis and his disability attorney filed in the United States District Court of New Jersey when the insurance company denied him his disability benefits and life insurance benefits the insurer was fully aware of McGinnis’s history of longstanding medical conditions that entitled him to disability benefits when it denied him disability benefits.

Resolved Cases:
Hartford reverses disability benefit denial after previously paying 62 year old sales rep for 6 years

Our client, a 62 year old former pharmaceutical sales rep, had been receiving long term disability benefits with Hartford Insurance Company for nearly six years due to chronic back pain, which had resulted in six surgeries in a span of several years, when Hartford abruptly terminated his claim for long term disability benefits.


Disability Blog & Cases:
Guardian Life Insurance seeks overpayment of disability benefits for child social security disability benefits awarded to disabled claimant’s daughter

A recent lawsuit filed against Guardian Life Insurance Company highlight an issue that comes up regularly for disability insurance claimants that have minor children and are approved for Social Security Disability Benefits. Monica Johnson has been receiving long-term disability benefit payments from Guardian Life (Guardian) since August, 2003 as result of her becoming completely and totally disabled in April, 2003. Under the terms of the group long-term disability benefit plan Monica purchased while working for EBE Office Source, Inc., Guardian is allowed to offset her monthly benefit payment according to the amount of Social Security disability income she receives.


Disability Blog & Cases:
CIGNA Life Insurance Company denies disability benefits yet social security disability benefits are approved

Lily Rubinstein filed suit against CIGNA Life Insurance Company of New York, Griffon Corporation Long Term Disability Plan, and Griffon Corporation Life Insurance Plan in the United States District Court of the Eastern District of New York when the insurance provider abruptly denied her disability benefits after approving short term benefits six previous times. The insurer took away Rubinstein’s disability benefits even though her condition remains the same as when they approved her claim the last six times and even though medical opinion is that Rubinstein risks a stroke if she goes back to work.


Disability Blog & Cases:
Nevada disability lawyer and COX Enterprises Inc’s customer service rep sue AETNA Life Insurance Company for denial of disability benefits

A former Customer Service Representative (CSR) for COX Enterprises Inc. (COX) recently filed a lawsuit through a Nevada disability attorney against the AETNA Life Insurance Company (AETNA Life) at the District Court for the District Court of Nevada. In Sandra Rada v Cox Enterprises Inc as Plan Administrator & AETNA Life Insurance Company as Claims Administrator, the plaintiff Sandra Rada alleged that AETNA Life had not provided the plaintiff with a full and fair review of her claim for long term disability (LTD) benefits and thus seek the Court to review Aetna Life’s decision under a de novo standard.


Disability Blog & Cases:
Prudential Insurance sued by disabled HNI Corporation employee for denial of disability insurance benefits after 7 years

A 49 year old woman said to be suffering from degenerative disc disease and disabling pain recently filed a lawsuit at the District Court for the Southern District of Iowa against the Prudential Insurance Company of America (Prudential). In the case of Kimberly Maserang v The Prudential Insurance Company of America, the plaintiff’s Iowa disability lawyer alleged that Prudential has wrongly denied payments after paying her disability benefits for 7 years. Despite a worsening of the plaintiff’s medical condition, Prudential determined that the plaintiff is no longer disabled.

Disability Blog & Cases:
20 years of receiving disability insurance benefits and CIGNA denies woman’s benefits three separate times

A federal lawsuit recently filed in Pennsylvania against Cigna Insurance Company portrays a woman’s 21 year on and off battle with Cigna in order to maintain her long term disability benefits. When dealing with disability insurance companies, it is always a good move to have a disability attorney to handle your monthly disability payments. This is because the disability insurance companies are constantly reviewing your case and will try to look for a reason to terminate your long term disability (LTD) benefits. To them, you represent a “leak” in their bottom line, their profitability. So no matter how flimsy the reason maybe, disability insurance companies are not beneath their stations in trying cut off your long term disability payments. The case of Teann J. Scoggins v Life Insurance Company of America/CIGNA filed recently at the Distinct Court by the plaintiff’s Pennsylvania disability attorney alleges malicious behavior on the part of the disability insurance companies.


Disability Blog & Cases:
Pizzeria owner suffering from Celiac disease filed lawsuit against Berkshire Life Insurance Company of America for breach of contract in refusing to pay disability benefits

Recently a lawsuit was filed against the Berkshire life Insurance company of America at the Circuit Court for the County of Wayne in Michigan by an owner and operator of several pizzerias through his Michigan disability attorney. The disability lawsuit was filed after Berkshire evaluated the disability claim and made a determination that the claimant was not disabled.


Disability Blog & Cases:
Former security guard of the Children’s Hospital of Philadelphia alleges CIGNA Insurance engaged in fraudulent and malicious disability claims practices

Recently, a CIGNA claim denial lawsuit was filed in District Court for the Eastern District of Pennsylvania by a disabled individual who was a former cop and ex security guard of the Children’s Hospital of Philadelphia through his Pennsylvania disability lawyer. The details of the lawsuit were somewhat disturbing as it alleges how, CIGNA also known as Life Insurance Company of America (LINA), fraudulently and willfully victimized the plaintiff in its quest to rid itself of an unprofitable policy account.


Disability Blog & Cases:
Former Aegon USA employee suffering with multiple sclerosis sues CIGNA for denial of disability insurance benefits

A recent disability insurance lawsuit filed at the District Court for the Eastern District of Wisconsin can serve as an eye opener to the kind of claims handling practices that CIGNA will employ in order to evaluate a CIGNA disability claim. In Laura McBrien v CIGNA Life & Health Insurance/Life Insurance Company of North America, the plaintiff Ms. McBrien filed a lawsuit under the Employee Retirement Income Security Act of 1974 (ERISA) through her Wisconsin disability lawyer to try and recover long term disability (LTD) benefits which she was and is legitimately entitled to. Allegedly, CIGNA Life had been relentless in denying the critically ill woman her claim despite the overwhelming medical evidence supporting her claim.


Disability Blog & Cases:
City University Of Medicine & Bioscience former employee disabled by back disorder sues Reliance Standard Life Insurance Company for denial of disability benefits

Back pain is one of the leading causes of claims for long term disability benefits against disability insurance companies. However, claimants of disability insurance benefits who are suffering from back disorders often have an uphill task in trying to claim their disability benefits from Disability Insurance Companies. This is because disability insurance companies can try to deny the claims of individuals who are suffering from back disorders by claiming there is no objective medical evidence to support a claimant’s subjective complaints of back pain. Hence, it is not surprising that we often see lawsuits filed against disability insurance companies from individuals disabled by chronic back pain…

Resolved Cases:
Standard Insurance Company reverses disability insurance denial for a disabled lawyer

Disability Insurance Lawyers Dell & Schaefer prevailed in an ERISA appeal filed on behalf of their client when The Standard Insurance Company wrongfully denied her long term disability benefits. The client was suffering multiple gastro-intestinal conditions, chronic intractable abdominal pain, visceral hypersensitivity syndrome, nausea, vomiting secondary to a neuroma, migraines, fibromyalgia, severe weight loss, fatigue, syncope, and secondary diagnoses of anxiety, post traumatic stress disorder, major depressive disorder, panic disorder with agoraphobia, inability to concentrate and memory loss, all of which prevented her from performing the material duties of her occupation as an attorney…


Disability Blog & Cases:
Unum sued for denying disability benefits to florida woman with fibromyalgia, neuropathy, and hepatitis

Elaine Carr wasn’t getting anywhere with her claim with Unum Life Insurance Company of America (Unum) for long-term disability benefit payments for which she was eligible under the group plan she had while she was an employee of Ronald J. Mueller, Inc., d/b/a Volvo Village. Having exhausted her administrative remedies with Unum, Ms. Carr filed an ERISA lawsuit against Unum in United States District Court in the Middle District of Florida with the help of her Florida disability attorney.


Disability Blog & Cases:
Wisconsin man sues Liberty Life for termination of disability insurance benefits

Jeffrey Barr has not been able to work with any continuity and has been completely disabled since 2007. Hypertension and cerebral micro vascular disease of the brain have prevented Mr. Barr from working as an active employee of Danaher Corporation in Wisconsin. As result of his being completely and totally disabled, Mr. Barr was eligible to receive long-term disability insurance benefits from his long-term disability insurance company – Liberty Life and Mutual (Liberty). Mr. Barr was able to claim long-term disability benefit payments because he fit the definition of being disabled since he could not perform the material duties of his own occupation and, eventually, any occupation, according to his long-term disability plan.


Disability Blog & Cases:
Prudential Insurance pays disability benefits for 12 years to former Prudential employee then denies claim

Robert Bankston worked for Prudential Insurance Company of America from 1988 to December 1997 as an insurance and financial services agent. Mr. Bankston became completely and totally disabled as a result of severe mental illnesses in 1998 which included: bipolar disorder, major depressive disorder, panic disorder with agoraphobia, and obsessive-compulsive disorder.


Disability Blog & Cases:
Washington attorney sues CIGNA for denying disability benefits during any occupation stage and seeking to collect SSDI overpayment

Disability Insurance companies do not have a reputation for being sympathetic towards their clients. They will usually put themselves in the most favorable position that they can be at in order to minimize paying out to disability claims. The Employee Retirement Income Act of 1074 (ERISA) was enacted in an effort to limit the abuses and discrimination that insurance companies will impose on claimants for disability benefits. While ERISA has essentially become a pro-insurance company law, there are some protections in the law for disability claimants…


Disability Blog & Cases:
UNUM Life Insurance Company sued by California Disability Lawyer after denial of benefits for a school custodian

The UNUM Life Insurance Company of America (UNUM) is one of the largest providers of long term disability insurance in the United States; however, UNUM is not only well known for its size. This disability insurance company has a checkered history with regard to its handling of Unum disability Claims. In 2004, Unum was the subject of an investigation by state regulators which resulted in a reassessment of 200,000claims and a fine in excess of $15 million…


Disability Blog & Cases:
Former Aetna employee sues Aetna for denial of short-term disability benefits

It is not out of the ordinary to come across a case in which a former employee of an insurance company is denied disability insurance benefits by the same company that they were employed by. Aetna Insurance recently determined that one of their own employees was not disabled and therefore denied her claim for short term disability benefits.

Disability Insurance Law TV:
Who makes the final decison to approve or deny disability insurance benefits?

Is it the disability insurance claim representative or hired insurance company doctor that makes the decisional to approve or deny benefits?


FAQ | Overpayment Issues:
Can Veteran Disability Benefits be deducted from my monthly long term disability insurance check?

The answer to this question depends on the language contained within your long term disability insurance policy. In most disability claims that are governed by ERISA there is an offset provision for other disability related benefits such as SSDI, Worker Compensation or Veteran Benefits.


Disability Blog & Cases:
Pennsylvania class action disability insurance suit against Reassure and Swiss Re dismissed due to lack of subject matter jurisdiction

A federal district court in Pennsylvania recently dismissed Claimant Barry Sunshine’s complaint for lack of subject matter jurisdiction. Alleging that Reassure America Life Insurance and Swiss Re Life & Health America, Incorporated prematurely terminated his and other similarly-insured individual’s disability insurance benefits, Sunshine and his disability attorneys were attempting to right a wrong for not only Sunshine but for others in a similar situation. Unfortunately, the Eastern District Court of Pennsylvania dismissed Sunshine’s disability insurance class action lawsuit because the suit lacked federal subject matter jurisdiction. Fortunately, the dismissal was filed as a dismissal without prejudice, making it possible for Sunshine to file an amended complaint when his disability attorneys establish proper subject matter jurisdiction.


Disability Blog & Cases:
LINA and CIGNA need to listen to the Federal Courts and stop denying disability insurance claims for people disabled by fibromyalgia

An affirming opinion from the Fourth Circuit United States Court of Appeals shows how Administrators of ERISA long term disability benefits can’t abuse their power of discretion in North Carolina. This case against LINA also known as CIGNA, is a great victory for claimants suffering from fibromyalgia. In the appeal of Rebecca DuPerry v. Life Insurance Company of North America, Appellee Rebecca DuPerry prevailed in her quest to receive long-term disability benefits from her group long term disability insurance provider, Life Insurance Company of North America (LINA).


Disability Blog & Cases:
Lincoln Nebraska man suffering from fibromyalgia and chronic fatigue syndrome sues UNUM when he is denied disability benefits

UNUM Life Insurance Company of America has refused to honor its obligation to provide Scott A. Boles with his disability insurance benefit income even though Mr. Boles qualifies for benefits stipulated in two UNUM Life Insurance Company disability insurance policies. UNUM denied Mr. Bole’s disability insurance benefits on both his individual disability policy, on which he has paid all premiums on time and in full since 1994, as well as an employee group disability policy from his employer that has been in effect since 2006.


Disability Blog & Cases:
Sun Life deducts veteran disability benefits from claimant’s monthly long term disability check

Most long term disability insurance policies allow the insurance company to offset the monthly disability payments to an insured if the insured is receiving “other income” from certain sources. Often, these other sources include any Social Security disability or retirement benefits, workers’ compensation benefits, retirement plan benefits from the employer, or even earnings the insured receives from any other occupation or form of employment. The specific policy language governs exactly what the insurance carrier can consider an “offset” to reduce the claimant’s monthly benefit. Sometimes, however, the insurance policy is not crystal clear on what specifically may be used as an offset. Such a situation occurred in the case of James Riley v. Sun Life Insurance Company. In this case, the issue was whether Sun Life was allowed to reduce Riley’s monthly benefit because of veteran disability benefits he received from Veterans Affairs. The Court ultimately upholds Sun Life’s decision to reduce Riley’s monthly long-term disability benefits. Let’s take a closer look to see why the Court ruled the way it did.

Disability Blog & Cases:
Disability lawsuit against MetLife alleges insurance company refuses to pay disabled claimant

The Metropolitan Life Insurance Company, known as MetLife (NYSE: MET), is being sued in United States District Court, Southern District of Florida, for refusing to honor its contractual obligation to pay long term disability insurance benefits to a psychologically impaired woman.


Disability Blog & Cases:
Liberty Mutual sued in Tampa Federal Court for denying long term disability insurance benefits

An ERISA disability lawsuit was filed against the Liberty Life Assurance Company, this time in Federal Court in the Middle District of Florida. Andrea Medders was forced to file suit after her administrative appeals were denied and Liberty Life, also known as Liberty Mutual refused to pay her long term disability benefits.


Disability Blog & Cases:
CIGNA/LINA sued for denying waiver of life insurance premium to caretaker of disabled and mentally challenged adults

After repeated appeals asking CIGNA / LINA to change their decision regarding denial of waiver of life insurance premiums due to total disability, Wendy Magee was recently forced to hire Michigan disability attorneys and file an ERISA disability lawsuit in the Federal Court of the Western District of Michigan.


Disability Blog & Cases:
Federal Court provides 5 reasons CIGNA wrongfully denied disability benefits to man suffering from chronic fatigue syndromes

Citing a financial incentive to cheat, the United States Court of Appeals for the Ninth Circuit recently overruled the decision of CIGNA (CI) to deny disability benefits to a man suffering from chronic fatigue syndrome. For anyone disabled by chronic fatigue or fibromyalgia this is a very supportive case and great law. The court provided five reasons that Cigna abused its discretion by denying disability insurance benefits. Let’s take a close at the case history and the court’s reasoning.