Disability Insurance News:
Many employer welfare benefit plans offer employees who quit their employment the option of converting their disability insurance plan to a private plan. When a claim for disability benefits is filed, there may be a dispute over whether the conversion plan is governed by ERISA.
If I Convert my Former Employee Disability…

Disability insurance attorneys Gregory Dell & Cesar Gavidia discuss “factual disability” versus “legal disability” for occupations that require a license to practice such as lawyers, chiropractors, financial planners, or doctors.

In the case of Cheryl L. Wallace v. Reliance Standard Life Insurance Co., the U.S. District Court for the Eastern District of Michigan, Southern Division, previously held that “the administrative record undisputedly reflects that Plaintiff is totally disabled and entitled to LTD benefits under Reliance’s plan.” In the earlier case, the Court also ordered Reliance to pay Plaintiff’s legal fees and also ordered for the parties to meet and try to settle the case between them.
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Continue Reading Reliance Ordered to Pay Back LTD Benefits to 2013, Using $66,830 Salary, Plus $58,740.00 in Legal Fees

Until someone faces cancer themselves or has a close loved one who goes through it, many people have the mistaken belief that life returns to normal once they beat cancer and are told there is no evidence of the disease after treatment. However, this is unfortunately not the case for the vast majority of warriors who have fought and won their fight with cancer. In this video, disability insurance attorneys Gregory Dell and Rachel Alters discuss the challenges insurance companies impose on disability insurance policy holders.
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Continue Reading Fighting For Cancer Survivors Who Are Still Disabled

Has your disability insurance company recently asked you to complete a neuro-psych evaluation to maintain your disability insurance? The neuro-psych evaluation can declare that you have cognitive limitations and often aims to prove that you are exaggerating your medical condition to receive disability benefits. The evaluation includes a questionnaire and a verbal interview segment.
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Continue Reading What To Know About Neuro-Psych Evaluations

The Plaintiff in Ricky D. Hayes v. Dearborn National Life Insurance Company worked for F.A. Richards & Associates Incorporated as an adjuster for approximately 11 years when he became unable to perform the duties of his own occupation. He was awarded long-term disability benefits based on his diagnoses of depression, anxiety, and a sleep disorder.

Dearborn informed Plaintiff on several occasions, in writing, that since his disabling conditions were mental disorders, he was only eligible for 24 months of benefits. They gave him the opportunity to present evidence of a physical disability.
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Continue Reading Court Upholds Dearborn’s Denial of Long-Term Disability Benefits

Resolved Cases:
Following submission of a successful appeal by Attorney Cesar Gavidia and his Appeal Team, Prudential reinstates the disability claim and finds claimant disabled from Any Gainful Occupation.
Prudential Denial Overturned on Appeal After Attorneys Dell & Schaefer Established that Medical Device Representative Could Not Perform Duties of Any Gainful Occupation

Charity & Community…

This video shows disability attorneys Gregory Dell and Stephen Jessup discussing a win against Hartford’s denial of disability insurance benefits to a Human Resources director who was suffering from Rheumatoid Arthritis (RA). In addition to the usual symptoms associated with arthritis of joint pain and swelling, his impaired cognitive functioning was of more concern to him. His initial claim for benefits was approved when Hartford agreed he was disabled from working in his own sedentary occupation.
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Continue Reading Disability Attorneys Discuss the Transition From Inability to Work in “Own Occupation” to “Any Occupation”