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
Lincoln National / Jefferson Pilot
Alabama Court Upholds Lincoln Life’s Disability Denial to Plaintiff
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 Can You Expect With A Lincoln Financial Disability Claim?
In this video disability insurance attorneys Gregory Dell and Stephen Jessup discuss the handling a Lincoln Financial disability claim.
A New York Federal Court rules that Lincoln Financial abused its discretion, in part, by failing to consider the actual job duties of claimant
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
This Week on DIAttorney.com (03/10/2012)
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…
This Week on DIAttorney.com (01/14/2012)
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…
This Week on DIAttorney.com (10/08/2011)
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.…
This Week on DIAttorney.com (06/18/2011)
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 …
This Week on DIAttorney.com (05/14/2011)
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…
This Week on DIAttorney.com (04/23/2011)
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…