Another case heard on October 7, 2009 before the United States Court of Appeals First Circuit highlights the challenges of obtaining benefits when a claimant suffers from fibromyalgia. This case also highlights how one court can find a successful application for Social Security disability benefits as compelling evidence that a person deserves their long-term disability
Gregory Dell
Court Orders UNUM to pay over one million dollars in attorney fees for long-term disability denial
A case that took over 10 years to move through the federal judicial system, finally ended with the court agreeing that Unum must pay attorney’s fees and costs. However when the bill was delivered, Unum sought the court’s intervention because Unum claimed that the attorney fees and costs were excessive.
Jane Fitts’ long term disability…
Liberty Mutual wins long-term disability case because of video surveillance–how District and Appeals Courts drew conclusions (Part II)
When Donna Cusson took her long-term disability case to the U.S. Court of Appeals, First Circuit on September 15, 2009, she hoped for a reversal of the U.S. District Court of Massachusetts’ decision in favor of Liberty Life Assurance Company of Boston (Liberty Mutual). We have already shared the background to this case in…
Liberty Mutual wins long-term disability case because of video surveillance-backdrop for an unsuccessful LTD claim (Part 1)
Donna Cusson went into Appeals Court challenging the First District Court’s decision issuing summary judgment to Liberty Life Assurance Company of Boston (Liberty Mutual) and thereby upholding the disability denial. Cusson believed that the material facts in her case should have gone in her favor, not the disability insurance company’s.
In this article, we will…
Will Life Insurance Company of America have to pay long-term disability benefits?
As of the time of this writing, Beverly Barker doesn’t know the answer to that question. Court proceedings are complicated and seeking compensation for long-term disability benefits is no exception. A case heard in December 2009 in U. S. District Court for the Southern District of Indiana, Indianapolis Division demonstrates this yet again.
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Reliance Standard long-term disability benefits decision affirmed by Circuit Court
When an insurance company uses a deliberate, principled reasoning process, supported by enough evidence, the United States court system will stand behind them. This fact is highlighted by a case that was argued before the United States Court of Appeals, Sixth Circuit, which covers the states of Kentucky, Michigan, Ohio and Tennessee. Arguments were heard…
Discovery requests in ERISA disability cases are found to be limited
A long-term disability case brought before Lincoln D. Almond, U.S. Magistrate Judge in the District of Rhode Island, brings to light how important it is for a long-term disability attorney to prepare a discovery request carefully and to make every effort to resolve discovery issues without involving the court system. The case we are going…
MetLife must reconsider denial of benefits for former MetLife employee
A recent short-term disability case before the United States Court of Appeals, Seventh Circuit, Chicago, Ill., demonstrates that insurance companies are no friendlier to their own employees than anyone else. Kirsten Majeski worked for Metropolitan Life Insurance Company (MetLife) as a nurse consultant until June 2006 when she began complaining of pain and numbness in…
Unum’s denial of disability claim is upheld after court finds claimant failed to respond in a timely manner
In this article, I want to highlight, once again, the importance of rendering timely responses to correspondence from your long-term disability insurance company. I also want to highlight the importance of paying attention to statutes of limitations. A long-term disability case that came before the United States Court of Appeals 11th circuit recently highlights these…
Postal worker loses long-term disability claim against Hartford Insurance
Shirley Graham, an employee with the U.S. Postal Service (USPS) who participated in a long-term disability plan administered by Hartford Life and Accident Insurance Co. (Hartford), brought her case recently before the United States Court of Appeals, Tenth Circuit. Her appeal raised three issues: 1) Did the District Court rule correctly that her disability…
