Lincoln National / Jefferson Pilot

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.

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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.
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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.


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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

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:
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

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

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