Disability Insurance Cases Nationwide

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The case of Mary Midgett v. Washington Group International Long Term Disability Plan, 561 F.3d 887 (8th Cir. 2009) is a reminder that there are discrepancies in how Federal courts apply the law with regard to the weight of credibility to give to an insured’s treating physicians versus the opinions of doctors hired by the insurance carrier to conduct reviews of medical records only.
Continue Reading Broadspire And Aetna Deny Long-Term Disability Benefits To Manager Suffering From Fibromyalgia, Arthritis And Cervical Disc Disease

Robert Stanford was a nurse anesthetist in a hospital in South Carolina. In his position, he was exposed to and responsible for administering anesthesia and narcotics to surgical and obstetric patients. Shortly after starting work, he began taking Fentanyl, a powerful narcotic. By September of 2003 he had become addicted to the drug, and entered rehabilitation the following month.
Continue Reading Nurse Anesthetist Denied Long-Term Disability Benefits For Drug Addiction By Continental Casualty Loses At Trial And On Appeal

In, Lona v. Prudential, 2009 WL 801868 (S.D. Cal)., the Court determined that the opinions of three doctors hired by the insurance carrier to review the insured’s medical records did not carry as much weight as the opinions of three other doctors that physically examined the insured.
Continue Reading Judge Orders Prudential To Pay Account Manager $90,416 In Long-Term Disability Benefits

In 2002, Mrs. C was forced to stop working and file a claim for disability benefits under her long-term disability policy provided through her teacher’s association. After reviewing her claim and giving careful consideration to the medical evidence, the disability insurer approved Mrs. C’s claim and began paying total disability benefits.
Continue Reading Teacher Suffering From Sjorgen’s Syndrome, Fibromyalgia And Other Conditions Receives Lump-Sum Buyout Following Denial Of Long-Term Disability Benefits

Our client, an obstetrician/gynecologist, suffered from rheumatoid arthritis and could no longer perform his occupation. He approached Dell & Schaefer seeking assistance with his long-term disability applications. After completion of his applications for private long-term disability insurance benefits and approval by two different insurance companies, the doctor disclosed that he had recently been denied short-term disability benefits by Aetna.
Continue Reading Aetna’s Denial of Disability Benefits to An OBGYN Physician Is Reversed Following An Appeal Submitted By Attorneys Dell & Schaefer

Cigna attempted to deny lifetime disability benefits for a claimant suffering from a psychiatric organic brain disorder, but the district court of Colorado disagreed. Following a remand from the court of appeals, which ruled the district court had erred by considering evidence outside the “administrative record,” the district court nonetheless reaffirmed its ruling in plaintiff’s favor after carefully considering all of the evidence in the record and analyzing each of the medical opinions presented.
Continue Reading CIGNA’S Attempt To Limit Claimant To A Maximum Of 2 Years Of Long-Term Disability Benefits Limitation For An Organic Brain Disorder Such As Bi-Polar Is Reversed By The District Court

Our client filed a claim for disability benefits under her company’s long term disability policy with Prudential. During this time she was released from employment and no longer had adequate health insurance to treat regularly to treat her condition properly.
Continue Reading Prudential Reinstates Long Term Disability Benefits To Sales Specialist Following Appeal Filed By Attorneys Dell & Schaefer

Our client was a top selling account manger in the advertising department of one of the country’s largest companies, in one of the company’s most demanding regional markets.
Continue Reading Liberty Mutual Reverses Denial Of Short-Term Disability Benefits And Approves Long-Term Disability Benefits For Advertising Account Manager

The Second Circuit U.S. Court of Appeals has denied First Unum Life Insurance Co.’s request to reconsider a decision in which it found the company arbitrarily denied long-term disability benefits to a tax attorney with colon cancer.
Continue Reading Unum Provident’s Appeal of Long Term Disability Benefits Awarded to a New York Tax Attorney Is Denied

Our client, a breast cancer survivor, was a senior property manager for a large property management company for nearly fifteen years. As a senior property manager, our client was responsible for planning, controlling and directing the day to day operation of multiple properties. Year after year she received numerous recognitions for the quality of her work.
Continue Reading Prudential Denies Long-Term Disability Benefits To A Breast Cancer Survivor And Attorneys Dell & Schaefer Submit An Appeal