Lisa Pakovich and her former employer’s long-term disability plan had been in and out of court for almost five years when Judge Michael Reagan listened to arguments between Pakovich’s disability attorneys and Verizon Long-term Disability Plan on March 24, 2010. It was the third time he had considered this case in less than a year.
Disability Insurance Cases Nationwide
Broadspire ordered to pay disability insurance benefits but not attorney fees
If Judge Michael J. Reagan is beginning to tire of considering the case between Lisa Pakovich and her former employer’s long-term disability plan, he may have good reason to. He has had to listen to arguments from both Pakovich’s long-term disability attorneys and the Verizon Long-Term Disability Plan (Plan) attorneys at least four times in…
Aetna denial of long-term disability benefits for chronic fatigue syndrome upheld by Court
Physician’s Failure to Fill Out Functional Limitations Paperwork Costs Man Rightful Benefits
A supporting physician is essential for any claimant to receive long-term disability benefits. However, a treating physician must do far more than just diagnosis a disabling medical condition. The decision rendered by the U.S. Court of Appeals, Seventh Circuit in Williams v. Aetna…
Court orders Citigroup and Metlife to answer discovery request exposing conflict of interest in long-term disability benefit denial
Frequently, a disability attorney finds that additional information is needed before he or she can demonstrate that a conflict of interest has motivated the denial of benefits by an ERISA governed disability insurance company. In order to secure this information, the disability insurance attorney files a Motion to Compel Discovery. In response, the disability insurance…
HM Life and Broadspire wrongfully deny disability insurance benefits to a receptionist and 9th Circuit Court of Appeals reverses claim denial
When Barbara Sterio’s disability attorney presented arguments on February 11, 2010 before the Ninth Circuit United States Court of Appeals, he was unsuccessful in convincing the court to review her denial of benefits under the de novo standard of review. But the three judges reviewing Sterio’s claim, found that even though the District Court had…
Was Boston Mutual’s decision to terminate long-term disability insurance correct? (Part I)
The case we are going to look at here highlights the importance of involving a disability insurance attorney in your disability insurance policy purchasing decision. The language in disability insurance policies is complex and can often be turned against you when you most need the benefits. It is never safe to trust the assurances of…
Boston Mutual can not recover $163,000 overpayment to long-term disability claimant. (Part II)
On September 2, 2009, District Judge William E. Smith of the Rhode Island U.S. District Court filed a Memorandum and Order, delaying his final judgment on the case of D & H Therapy Associates v. Boston Mutual Life Insurance Co. until all of the matters which were not under the jurisdiction of the Employee Retirement…
ERISA disability claimants can receive attorney fees with “some degree of success”
On May 24, 2010, the United States Supreme Court rendered an opinion in the case of Hardt V. Reliance Standard, which is a major victory for disability insurance claimants that have a long-term disability policy governed by ERISA. Reliance Standard, a disability insurance carrier attempted to argue that a disability claimant was not entitled…
FedEx employee disability plan wrongfully denies LTD benefits without proving job exists for man to fill
A case heard recently before the U.S. District Court in the District of Massachusetts highlights the fact that a long-term disability plan administrator can choose to deny a claim even though the person making the claim may not be able to find employment. The plan administrator does not claim to offer unemployment benefits, so if…
Hartford pays disability benefits for 12 years and then uses video surveillance to deny benefits
Our disability insurance law firm was recently contacted by a woman that has been denied long-term disability benefits by Hartford. The claim is currently pending, but I asked if I could share her story so that others could learn about the real actions taken by disability companies such as Hartford. I strongly advise all disability…
