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

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

In this video, Attorneys Gregory Dell and Victor Peña discuss general trends with Disability Insurance companies. They note that no matter how large an insurance company is, nor how long it has been in business, all disability insurers seem to have the goal of denying as many claims as possible. The insurance companies are in the business of making money, and the more people they have on claim, the less profit there is to the business.

There are more than 40 long term disability (LTD) insurance companies, and they all seem to have different behaviors, which often change as a company undergoes new management, hires new workers, and develops new strategies. At Dell & Schaefer, we have learned how to work with each one of them and know how they each deal with a claim.
Continue Reading Disability Lawyers Discuss How the Largest Insurance Companies View a Claim for Disability Benefits

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 Employee.
Court Finds Aetna Had No Credible Argument Whatsoever To Support Its Decision To Deny Benefits To Claimant With MS

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

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 for his mental health disorder, Dell & Schaefer will not prove to Mutual of Omaha that the client is physically disabled as well.
After an appeal, a former Director of Information Security, gets disability benefits approved for mental health disorder. The fight for long term disability benefits for client’s physical limitations continues

Disability Insurance News:
6th circuit Court of appeals overturns denial of benefits to claimant with EDS.
Court Criticizes Lina For Failing to Perform Independent Examination

Resolved Cases:
Dr. Julie, a Pediatrician with ovarian cancer and neuropathy in her hands was initially denied long-term disability insurance benefits by Reliance Standard Insurance Company. After being referred by a local lawyer to Attorney Cesar Gavidia, he and his Appeals Team, successfully appeal the denial and recover over nine months of owed benefits as well as on-going monthly benefits.
Reliance Standard Insurance Company Overturns Decision to Deny Long-term Disability Benefits to Pediatrician With Ovarian Cancer


Resolved Cases:
After handling Appeal for Software Developer who became disabled due to a stroke, Attorney Cesar Gavidia files lawsuit in U.S. District Court Against Aetna Life Insurance Company. After being ordered by the Court to mandatory mediation, Aetna and the client reach a confidential settlement resulting in dismissal of the lawsuit.
Attorneys Dell & Schaefer File Lawsuit in Federal Court Against Aetna Life Insurance Company After it Denied Long-term Disability Benefits to Former Software Developer


Disability Insurance News:
The Centers for Disease Control and Prevention (CDC) provides indirect evidence that the little bloodsucking mosquitoes, ticks, and fleas are becoming more numerous.
Summer 2018 – Welcome to Mosquito, Tick, & Flea Season

Resolved Cases:
A Respiratory Therapist suffering from Knee Pain and Severe Lumbar Spine Conditions gets LTD claim approved after appeal by Attorney Alexander Palamara.
Respiratory Therapist whose claim was denied without a proper review gets LTD Claim Approved after Appeal to CIGNA


Disability Insurance News:
Although this case was not handled by our firm, it is an important Court decision for any claimant needing assistance with a disability insurance denial.
Aetna Life Insurance Company Ordered by Federal Court Reconsider the Claim of Amazon Employee Disabled Due to Urinary Incontinence


Resolved Cases:
Attorney Gavidia prepared Sally’s Appeal addressing both her physical and mental limitations. It was important to establish that Sally’s physical limitations were the primary cause of her disability, and aggravated her long-standing mental health issues. However, by themselves, her physical conditions caused her to be totally disabled. After receiving the Appeal Aetna overturned its decision and reinstated Sally’s disability claim.
After Aetna denied Ms. Garner’s long-term disability claim, Ms. Garner filed suit against Aetna, and the Court overturned Aetna’s decision and ordered it to pay Ms. Garner’s disability benefits

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 of gynecologist’s inability to perform surgery.
Unum Motion to Deny Total Disability Benefits to OB/GYN Denied by Tennessee Judge


Resolved Cases:
Attorneys with Attorneys Dell & Schaefer have handled thousands of Long Term Disability claims with all the major insurance companies and have seen the changes that have occurred over the years. Here are some recent trends seen with 10 of the major companies:
Recent Disability Insurance Company Trends

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 denial of long term disability benefits for a claimant with heart disease. Metlife attempted to rely on a ejection fraction rate reading as a basis to deny the claim. The Federal Judge ruled that Metlife abused their discretion and reversed the decision. In this video, attorneys Victor Pena and Gregory Dell discuss the courts findings and offer some tips as to how to strengthen a cardiac related long term disability claim.
Metlife Denial of Long Term Disability Benefits For Heart Disease Claimant is Reversed


Resolved Cases:
Following an appeal submitted by Attorney Stephen Jessup, Cigna overturns its denial of long term disability to insured with severe vision problems.
Cigna Reinstates Disability Benefits to Project Manager on Appeal