In this video, disability attorneys Gregory Dell and Victor Peña talk about a case won by Mr. Peña in a second appeal for a man who suffered with back and knee injuries as well as carpel tunnel syndrome. The man claimed he was unable to work in his own occupation which was classified by a vocational assessment as a light-duty occupation.
Continue Reading Dell & Schaefer Disability Attorneys Discuss Winning LTD Benefits on Second Appeal to MetLife and the Importance of Medical Documentation
Disability Insurance Cases Nationwide
Disability Lawyers Discuss Court Ruling Reversing Hartford’s Termination of Benefits to Claimant Suffering from Fibromyalgia
Disability attorneys Gregory Dell and Rachel Alters discuss a case out of the Western District of Washington in which the district court found that Hartford acted arbitrarily and capriciously when it terminated the benefits of a woman suffering from fibromyalgia. The woman had been receiving benefits for nearly two years after Hartford had agreed she was disabled from working in her own sedentary occupation.
Continue Reading Disability Lawyers Discuss Court Ruling Reversing Hartford’s Termination of Benefits to Claimant Suffering from Fibromyalgia
Disability Attorneys Discuss Hartford’s Purchase of Aetna and How It May Affect Amazon Workers
In this video, disability insurance lawyers Gregory Dell and Cesar Gavidia consider the effect on Amazon workers’ disability claims now that Hartford has bought the Aetna Disability Insurance Company. They conclude that changes will be unlikely since both companies now engage in extensive and exhaustive claims review, using every possible avenue they can to avoid paying long-term disability claims.
Continue Reading Disability Attorneys Discuss Hartford’s Purchase of Aetna and How It May Affect Amazon Workers
This Week on DIAttorney.com (06/15/2018)
Resolved Cases:
Insurance Sales Agent gets LTD Claim approved a second time after Attorney Alexander Palamara files second appeal to Prudential.
LTD Claim Approved for a Second Time for an Insurance Sales Agent after Prudential Denies Claim Based on Self-Reported Physical Capabilities
Disability Insurance News:
Washington District Court overturns denial of benefits to former Boeing…
Court Finds Evidence of Total Disability for OB/GYN With Finger Injury
A recent decision from the United States District Court for the Middle District of Tennessee established strong arguments in support of total disability for an OB/GYN suffering from an injury to her right index finger. In Nylander v. Unum Life Insurance Company of America (Unum) the Court was tasked with ruling on a Motion for Summary Judgement filed by Unum in which Unum was asking the Court to dismiss Dr. Nylander’s claim for total disability benefits. For reasons discussed below the Court denied Unum’s motion and in doing so allowed Dr. Nylander’s claim for total disability to proceed through to trial.
There are certain legal factors that must be determined by a Judge when entering a ruling on a Motion for Summary Judgment, the most important being a determination as to the existence of a material issue of fact for a decision maker (Jury) to consider. This article will focus on the factors that the Court deemed were sufficient to establish a material issue of fact in Dr. Nylander’s claim for total disability benefits that resulted in the case not being dismissed. It should also be noted that Dr. Nylander’s disability insurance policy was an Individual Disability Income/Insurance (IDI) policy and not an employer provided group disability policy governed by ERISA. As such Dr. Nylander has a great deal more rights as it relates to trial- including a jury trial, live testimony, the ability to take depositions, etc.Continue Reading Court Finds Evidence of Total Disability for OB/GYN With Finger Injury
This Week on DIAttorney.com (05/31/2018)
Resolved Cases:
Attorney Stephen Jessup of Dell & Schaefer successfully wins disability insurance benefits to an IT Manager suffering from Multiple Sclerosis.
Lincoln Approves Disability Benefits Following Second Appeal
Resolved Cases:
A former employee of the National Student Clearinghouse is finally on claim after an appeal by Dell & Schaefer. Though benefits have been approved…
This Week on DIAttorney.com (05/11/2018)
Disability Insurance News:
Reliance Standard overturns a denial of disability benefits to Project Manager suffering from Chronic Pain following an appeal submitted by Attorney Stephen Jessup.
Reliance Standard Reinstates Disability Benefits to Project Manager
Disability Insurance News:
Tennessee Federal court denies Unum’s Motion for Summary Judgment and holds a functional capacity evaluation is objective evidence…
This Week on DIAttorney.com (05/04/2018)
Resolved Cases:
A senior merchant for Express , Inc., who suffers from the effects of a traumatic brain injury gets LTD claim approved after appeal by Attorney Alexander Palamara.
Senior Merchant of American Fashion Retailer Giant gets LTD Claim Approved After Appeal to Reliance Standard
Disability Insurance News:
A California federal court recently reversed Metlife’s…
Court Dismisses Plaintiff’s Disability Claim Against Prudential
The case of Dawna Lane v. Prudential Insurance Company is limited to a discussion by the Utah Federal District Court about whether or not Plaintiff’s ERISA lawsuit for long term disability benefits should be dismissed on the grounds of judicial estoppel. Although a reference is made to her suffering from “severe psychological conditions,” there is no discussion of her actual disability or conditions of employment.
Continue Reading Court Dismisses Plaintiff’s Disability Claim Against Prudential
This Week on DIAttorney.com (03/30/2018)
Resolved Cases:
LTD Claim Approved by Lincoln for Former Biomet, Inc. Employee suffering from Meniere’s Disease
Project Manager for Biomet, Inc. gets LTD Claim approved after Attorney Alexander Palamara appeals to Lincoln Financial.
Disability Insurance News:
California Court Reverses Sunlife Disability Denial for Woman with Fibromyalgia
In this video, disability insurance attorneys Rachel Alters and…
