Lincoln National / Jefferson Pilot

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In this video, attorneys Gregory Dell and Stephen Jessup discuss the importance of medical documentation by a treating physician. They need to include what impact that condition has on the claimant’s ability to do his or her job. Mr. Jessup won a recent case against Lincoln Financial Group when, on a second administrative appeal, he was able to present convincing evidence that the claimant, who suffered from multiple sclerosis (MS), could not do her job.
Continue Reading Treating Physicians Need to Document in Their Medical Records How a Medical Condition Restricts a Person’s Ability to Do Their Job

Susan Till v. Lincoln National Life Insurance Company (Lincoln) is a 74 page opinion in which the plaintiff, a radiology technician who suffered with severe back pain, raised many issues in her pursuit of long-term disability benefits. Till’s application for long term disability benefits was denied and, after she exhausted her administrative appeals, she filed this ERISA law suit.
Continue Reading Alabama Court Upholds Lincoln Life’s Disability Denial to Plaintiff

What is my "Own Occupation"? The overwhelming majority of ERISA governed group disability policies provide benefits for a period of time normally lasting 12-24 months for one’s inability to perform the duties of their "Own Occupation." Although the actual policy language varies from insurance carrier to carrier, each insurance company will usually define Own Occupation to mean the duties of the occupation as is it found in the national economy and not the actual job duties you are performing for your employer. The insurance companies will in turn review your Own Occupation as it is found in either the Dictionary of Occupational Titles (DOT), O*Net or some other similar vocational resource. More often than not, many people who have had their claim for benefits denied argue that the insurance company did not consider their claim in light of the actual job duties. A recent court decision may give this argument more strength.

Continue Reading A New York Federal Court rules that Lincoln Financial abused its discretion, in part, by failing to consider the actual job duties of claimant

Disability Blog & Cases:
Employees of Staples & Nortel Networks among Four Plaintiffs To Sue Prudential For Wrongful Denial Of Long-Term Disability Benefits

The Prudential Insurance Company of America (Prudential) had four different lawsuits filed against it by four Plaintiffs in the District Courts of South Carolina (2 cases), New York, and West Virginia. In all four cases filed via the respective Plaintiffs’ disability lawyers, Prudential is accused of wrongfully denying or terminating the Plaintiffs’ claims for long-term disability benefits as promised under their respective plans and by ERISA.

Disability Blog & Cases:
Kirk & Blum/CECO Environmental Employee Files Lawsuit Against Lincoln Financial Group For Wrongful Termination Of Long-Term Disability Benefits

An attorney has filed a Federal disability lawsuit in Ohio Federal Court against Lincoln Financial Group (Lincoln). The Plaintiff, George P., was employed by Kirk & Blum, a subsidiary of Ceco Environmental, as a metal fabricator. This employment enabled the Plaintiff to be covered by a group insurance policy provided on behalf of Ceco Environmental employees and insured by Lincoln.

FAQ: Overpayment Issues:
Can a disability company sue me to recover an SSDI overpayment?

This case shows how a long-term disability insurance company can claim an overpayment once a claimant is approved for social security disability income benefits.

Disability Blog & Cases:
Hartford Disability Denial of Insurance Agent with Fibromyalgia and Chronic Fatigue is Reversed

A Utah Federal Judge reversed a Hartford long term disability insurance benefit denial on the basis that it was “unreasonable and, thus, arbitrary and capricious”. The judge’s opinion in this case is a great victory for disability insurance claimants disabled by Fibromyalgia or by…

Disability Insurance Law TV:
Episode 24: Top Five Reasons for Disability Insurance Denials

Nationwide Disability attorneys Gregory Dell and Rachel Alters discuss the top five reasons that Disability Insurance Claims are denied. The information in this video applies to both ERISA and Non-ERISA disability insurance policies.

Disability Blog & Cases:
Office Depot employee files suit against employer and Aetna for unpaid disability benefits

An Office Depot employee and her Georgia disability attorney filed suit against her employer and Aetna Life Insurance for unpaid disability benefits on November 3, 2011 in the United States District Court for the Northern District of Georgia Atlanta Division.

Disability Blog & Cases:
New Jersey BankUnited employee files suit against Lincoln National

Robert B. and his New Jersey disability lawyer go to battle against The Lincoln National Life Insurance Company to retrieve Robert B.’s entitled disability benefits as promised in his employee disability benefits plan.

Disability Blog & Cases:
New Jersey claimant files suit against New York Life, Unum and Paul Revere for miscalculated disability benefits

William M. never suspected that should he need to make use of his disability insurance policy (which he had faithfully paid premiums on for years) that the promised disability benefits would be denied him when he needed them most.

A sales representative for Long Forms, Inc., President and part owner of Advanced Transportation Systems, Inc. and The Institute of Logistical Management as well as an hourly employee of Temple University as a Criminal Justice instructor, William was diagnosed with Hodgkin’s’ Lymphoma in 1997. Between January 1997 and February 1998, William underwent surgeries, biopsies, chemotherapy, and radiation to combat the progression of the disease.

Disability Blog & Cases:
Steel fabricator suffering from disability wins lawsuit against Lincoln National

A Federal Court recently ruled in favor of a man denied long-term disability benefits by Lincoln. The court agreed with his Michigan disability attorney in this ERISA Lawsuit and ordered reinstatement of LTD benefits along with past due benefits with interest.

Disability Blog & Cases:
Two Comcast employees and a registered nurse file three ERISA lawsuits against Liberty Life Insurance in Pennsylvania for denial of disability benefits

Liberty Life Assurance had three ERISA lawsuits filed against it in the United States District Courts of Pennsylvania in July 2011 by Pennsylvania Disability Attorneys. All three cases allege that Prudential is not upholding its duties in the awarding of disability benefits to entitled employees under the Employee Retirement Income Security Act (ERISA).

Disability Blog & Cases:
Wisconsin disability attorney and client sue Prudential Life Insurance for its “baseless” denial of ERISA disability benefits

Claiming that Prudential violated ERISA by improperly refusing to pay entitled disability benefits under her long term disability and life insurance policy, Della Davis and her Wisconsin disability attorney filed a complaint against Prudential.

Disability Blog & Cases:
Former Zurich Insurance employee diagnosed with crohn’s disease sues Liberty Life for denial of disability benefits

Carol Snyder and her Missouri disability lawyer filed a civil complaint against Liberty in United States District Court in the Western District of Missouri because Liberty denied her claim for short-term disability benefit payments.

Disability Blog & Cases:
Missouri disability lawyer files ERISA lawsuit against Lincoln National Life Insurance Company for denying LTD benefits

From 1997 to 2003, Bobby Nelson worked as a buyer for AMCOM until he became completely and totally disabled due to the displacement of a lumbar intervertebral disc in his lower back. Mr. Nelson’s last day of working full-time at AMCOM was December 26, 2003. Three days later, he had posterior and anterior fusion of the L4 and L5 vertebrae performed on his lumbar spine. The surgeon also placed bilateral pedicle screws and a disc fixator device in Mr. Nelson’s lumbar spine to maintain the integrity of the lumbar vertebrae. However, Mr. Nelson experienced chronic and continuing lower back and leg pain following surgery.

Disability Blog & Cases:
Podiatrist sues Northwestern Mutual seeking disability insurance benefits and bad faith damages

The case of Gaby Kafie v. Northwestern Mutual Life Insurance Company, commenced in the United States District Court of the Southern District of Florida on April 8, 2011 when Northwestern Mutual refused to pay Gaby Kafie’s disability benefits as specified in a Northwestern Mutual Life (NML) disability insurance policy.

Disability Insurance Law TV:
Beware of hired gun doctors in disability insurance claims

In this video former Montana Insurance Commissioner John Morrison discusses that the fact that disability insurance companies will use hired gun doctors to wrongfully deny disability insurance claims. Additionally, you will hear a view in defense of hired insurance company doctors from a representative of a pro-insurance lobby organization. As disability insurance attorneys that only represent claimants, we find it comical that the insurance company representative describes insurance company doctors as “compassionate”.

Disability Blog & Cases:
Provident Life & Accident Insurance Company sued for denying lifetime disability benefits to former attorney

Recently, in the case of Steven J. Kravitz v Provident Life & Accident Insurance Company (Provident Life), an action alleging breach of a disability insurance contract and promissory estoppel was filed at the District Court of the Southern district of Florida by a Florida disability attorney. This lawsuit deals with the issue of whether a disability was caused by an accident or sickness. In this case if the claimant can prove that his disability was caused by an accident, then he will be entitled to lifetime disability benefits.

Disability Blog & Cases:
UNUM Life Insurance Company of America sued by resident of Carroll County, Arkansas for denying disability benefits under ERISA plan

An action was filed recently at the District Court for the Western District of Arkansas by a resident of Carroll County, Arkansas through her Arkansas disability attorney against the UNUM Life Insurance Company of America (UNUM) for their failure to pay disability benefits under a group long term disability insurance plan issued by UNUM.

Disability Blog & Cases:
Epileptic auto technician sues Lincoln National Life Insurance Company (formerly Jefferson Pilot Financial Insurance Company) for denial of disability benefits

A lawsuit was recently filed against Lincoln National Life Insurance Company (formerly Jefferson Pilot Financial Insurance Company) by a husband and wife couple, Dale and Georgina Eckman, through their Arizona disability attorney to seek the recovery of disability benefits rightfully due to Mr. Eckman under a long term disability insurance policy. The plaintiffs alleged that the Jefferson Pilot Financial Insurance Company (Jefferson Pilot) had acted in bad faith in denying the plaintiff his claim for disability benefits.

Disability Blog & Cases:
Florida lawsuit filed against UNUM Life Insurance Company by disabled woman for failure to pay disability benefits and to clarify plan’s benefits

A lawsuit was recently filed at the Tampa Florida District Court against UNUM Life Insurance Corporation by Ms Larriane Braun through her Florida disability attorney. The lawsuit alleged an action under the Employee Retirement Income Security Act (ERISA) and that UNUM was in breach of an employee benefits contract between UNUM and the plaintiff Ms Braun.

Disability Blog & Cases:
Insurance company relies on manipulative video surveillance techinique to challenge disabiling condition

Disability insurance companies are notorious for using video surveillance in order to evaluate a claimant’s restrictions and limitations. In more than 50% of the disability insurance claim denials that we review, the disability company relies on video surveillance. With today’s technological advances it is very easy to manipulate videos. It is rare for a disability company to manipulate a video, however the investigator filming the video can be manipulative in order to obtain further work form the insurance company. The following story is surprising and something that all claimants and disability attorneys should be aware of.

Disability Insurance Law TV:
A Senator’s view of ERISA disability insurance claims

This video features the testimony of Montana United States Senator Max Baucus at a Senate Finance Committee Meeting. Senator Baucus focuses his testimony on the problems with ERISA disability insurance laws and the unfair claims handling practices of disability insurance companies. Senator Baucus pays specific attention to two long term disability insurance claims that were wrongfully denied by The Standard Insurance Company and Hartford Financial Insurance Company.

Disability Blog & Cases:
Reliance Standard Insurance Company and Lincoln National Life Insurance Company attempt to avoid payment of disability benefits by ignoring claimant’s application

Eric Wilson has brought a lawsuit in the United States District Court of the Eastern District of Louisiana against Reliance Standard Insurance Company and Lincoln National Life Insurance Company because the companies have refused to reply either pro or con to his petition for disability benefits in compliance with his insurance policy contract.

Disability Blog & Cases:
Sun Life Assurance Company of Canada sued by gunshot victim for failure to pay long term disability benefits

A recent Sun Life disability claim by a gunshot victim ended up as a lawsuit in the Orange County Superior Court because of the reluctance of the disability insurance company to pay out any long term benefits to its plan’s participants. In Marilyn Ellis v Sun Life Assurance Company of Canada, the plaintiff Marilyn Ellis with her California disability attorney contended that she was at all times a participant to a group long term disability plan with the policy number 63311 that was provided by the Sun Life Assurance Company (Sun Life). As such, she argued that she was a beneficiary of the plan and is entitled to the long term disability benefits that were offered in the plan.

Disability Blog & Cases:
Federal Judge orders Union Security (Assurant) to re-evaluate disability denial due to failure to consider risk of substance abuse relapse as disabling condition

In any claim for any disability benefits, the deciding factor which disability insurance companies will decide on will be whether you are what they define as being “disabled” or not. Most insurance companies however, will try to define the scope of what constitutes “disabled” as narrowly as possible to their advantage. The situation is especially compounded when a claimant is disabled due to substance abuse. Substance abuse cases involved both physical disabilities and mental disabilities…

Disability Blog & Cases:
SunLife & Aetna Life Insurance Company sued for denial of disability benefits

Here are examples of two recent cases in which SunLife Insurance Company and Aetna Life Insurance Company had a structural conflict of interest and denied disability insurance benefits. In most long term disability insurance claims which are governed by ERISA there is an inherent structural conflict of interest. The conflict of interest exist because the disability insurance company not only pays the benefits, but has the ultimate authority to approve or deny benefits. How can a disability company act a fiduciary to the insured when at the same time a decision to pay benefits will reduce the net income of the company?