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The case we will look at here demonstrates once again how reviewing a disability denial under the abuse of discretion standard can favor an insurance company’s disability denial. All the insurance company must prove is that the process used to come to a claims decision was logical and reasonable. As you read the following case…

This case is a sad example of how a disability claimant can battle a disability insurance company in an ERISA lawsuit for several years and then have a Judge give the insurance company another opportunity to wrongfully deny disability benefits. 

As an employee of Philips Lighting Company, 55-year-old Ronald E. Cox had been a repairman…

Dalit Waissman took sued Life Insurance Company of North America (LINA) when the company terminated her long-term disability payments in May 2006. In arguments presented before District Judge Jeremy Fogel of the U.S. District Court’s Northern District of California, San Jose Division on January 20, 2010, Waissman’s disability attorney did his best to show that…

Dalit Waissman, a 53 year old who immigrated to the United States from Israel in 1984, came to her position at SAP, Inc. in 1997 with considerable experience in computer programming and educational consultation and resource coaching. She had spent the previous two years working as an independent contractor providing technical writing services.

SAP hired…

Linda Chavis filed a complaint against Cigna Group Insurance and Life Insurance Company of North America (LINA) on June 24, 2009, alleging that the insurance company had breached two disability insurance contracts by refusing to pay her claims for short-term disability (STD) insurance and for long-term disability (LTD) insurance.
Continue Reading Court Finds CIGNA Failed To Follow Proper Claim Denial Procedure, Nurse’s Right To Pursue Disability Law Suit Under ERISA Supported

Mrs. Rebecca Duperry worked as payroll benefits HR administrator for Railroad Friction Products Corporation (RFPC) until April 7, 2006. Mrs. Duperry suffered from rheumatism, and stopped working in April pursuant to the advice of her rheumatologist. The rheumatologist told Duperry to ‘slow her work down’ and that cutting hours was a good idea, although working from home would be an even better idea.
Continue Reading Disability Benefits Ordered To Be Paid By CIGNA To HR Administrator Diagnosed Fibromyalgia

Recently, the California Department of Insurance settled with LINA, a daughter company of CIGNA to the tune of $600,000. What was this penalty for? According to California Insurance Commissioner Steve Poizner, LINA was apparently ignoring certain claims that might have been valid disability claims.
Continue Reading CIGNA/LINA Penalized By The California Department Of Insurance

Our client, a pharmaceutical sales representative, was recently denied benefits by her carrier, Cigna, despite clear medical documentation of several severe medical problems that prevent her from performing the duties of her occupation.
Continue Reading Attorneys Dell & Schaefer Files Lawsuit Against Cigna In Hawaii On Behalf Of Pharmaceutical Sales Representative

Cigna attempted to deny lifetime disability benefits for a claimant suffering from a psychiatric organic brain disorder, but the district court of Colorado disagreed. Following a remand from the court of appeals, which ruled the district court had erred by considering evidence outside the “administrative record,” the district court nonetheless reaffirmed its ruling in plaintiff’s favor after carefully considering all of the evidence in the record and analyzing each of the medical opinions presented.
Continue Reading CIGNA’S Attempt To Limit Claimant To A Maximum Of 2 Years Of Long-Term Disability Benefits Limitation For An Organic Brain Disorder Such As Bi-Polar Is Reversed By The District Court