Our client, a financial currency trader, purchased a long term disability policy from Unum more than 10 years before she was forced to file a claim. Our client was a successful currency trader with a history of depression and bouts of severe fatigue, who, due to her conditions stopped working in January of 2008. For over 18 months she was unable to get out of bed most days, let alone remember or consider the disability insurance policy she had purchased many years before.

In August of 2009, with the assistance of her family, she filed a claim for long term disability income benefits under her Unum policy based on her depression and chronic fatigue. Unum immediately informed her of the notice of claim and proof of loss provisions in her policy, which establish the deadlines for the filing of information. Additionally, they began to request numerous documents of her, many of which were no longer available, as her former employer was no longer in business.

Overwhelmed by the situation and facing financial hardships they contacted Dell and Schaefer at the end of November 2009, to take over the handling of the claim.

→ Continue reading Unum issues disability insurance benefits to currency trader suffering from depression and chronic fatigue

Our client, an OB/GYN purchased long term disability insurance policies from Berkshire and Liberty Mutual in hopes that he would never need to file a disability claim. He began experiencing a slight tremor in his left hand in 2006. At that time he sought treatment to determine the origin of the tremor and his options for treatment. It was initially determined that the tremor was minimal and was not impacting his ability to practice as an OB/GYN.

→ Continue reading Berkshire and Liberty Mutual approve benefits to OB/GYN suffering from essential tremor

When Nancy Perryman stopped working, she was the Western Farm Bureau Insurance Company’s agency manager for metropolitan Phoenix and Northern Arizona. It was a complex job, in which she supervised between 18 and 21 insurance agents at Western Farm Bureau’s various insurance offices. She’s earned around $300,000 each year in commissions, with average monthly earnings of almost $19,000 for the two years before she stopped working.

→ Continue reading Arizona Court rules Provident wrongfully terminated disability benefits to insurance manager with CFS (Part II)

Unum Provident Reviews Approved Benefits to Assure Continuing Qualification

When Nancy Perryman stopped working on February 28, 1997 she was the Western Farm Bureau Insurance Company’s agency manager for metropolitan Phoenix and Northern Arizona. She supervised between 18 and 21 insurance agents who worked out of Western Farm Bureau’s various insurance offices. She’s earned around $300,000 each year in commissions, with average monthly earnings of almost $19,000 for the two years before she stopped working.

→ Continue reading Unum Provident terminates disability benefits to woman with chronic fatigue syndrome (CFS) (Part I)

Rosemary McGahey’s long-term disability attorney did an excellent job of representing her in U.S. District Court’s Massachusetts district in December of 2009. McGahey’s disability attorney carefully demonstrated that the administrators of the Harvard University Flexible Benefits Plan had wrongfully terminated McGahey’s long-term disability benefits. As part of the court’s decision to award McGahey compensation for the expense of pursuing her claim in court, her disability attorney was given instructions to put together the appropriate documentation to demonstrate what the attorney fee award should be.

→ Continue reading Harvard University ordered to pay $53,817.50 in attorney fees to disability insurance claimant

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 less than a year. He’s not the first judge to consider Pakovich’s claim. Pakovich v. Broadspire Services, Inc., 535 F. 3d has been cited in a number of Seventh Circuit decisions.

On March 24, 2010, Judge Reagan entered his ruling granting Pakovich’s motion for summary judgment. In response, Packovich’s disability attorneys filed a motion for attorney’s fees. Judge Reagan considered the motion to collect these fees on April 22, 2010. In his decision, he first breaks down the legal standard that guided his decision. Then he compares Pakovich’s motion against that standard.

→ Continue reading Broadspire ordered to pay disability insurance benefits but not attorney fees

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. He’s not the first judge to consider Pakovich’s claim. Three U.S. Court of Appeals, Seventh Circuit judges heard arguments in Pakovich v. Broadspire Services, Inc., 535 F. 3d 601 in April 2008. The decision rendered on July 25, 2008 has been cited in a number of decisions that have involved disability insurance claims since then.

The matter before Judge Reagan this time was which side’s motion for summary judgment should be granted by the Court. In order to prepare a fair memorandum and order, a review of the history of Pakovich’s claim, while redundant to the Judge, remained important to a decision that could stand as a separate document.

→ Continue reading Disability battle against Verizon and Broadspire long-term disability plan lingers in courts for years

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 Life Insurance Company continues to have an impact on long-term disability decisions in U.S. Courts even though it has been over two years since Lee K. Williams lost his appeal against Aetna Life Insurance Company (Aetna) and The Sysco Corporation Group Benefit Plan (Plan). Williams’ unsuccessful attempt to secure a Court reversal of his long-term disability denial for chronic fatigue syndrome (CFS) continues to shape the strategies of disability attorneys as they help their clients perfect their claims for this non-objective ailment.

→ Continue reading Aetna denial of long-term disability benefits for chronic fatigue syndrome upheld by Court

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 company inevitably contests the need to provide this information.

→ Continue reading Court orders Citigroup and MetLife to answer discovery request exposing conflict of interest in long-term disability benefit denial

Disability Insurance Attorney Gregory Dell was retained to help an industrial salesman negotiate a lump-sum buyout offer with Life Insurance Company of North America (LINA), also knwon as CIGNA Group Insurance.

Our client had been on claim for several years as a result of a cardiac condition. His claim had not been smooth as he had previosuly been denied by LINA and was forced to file an appeal in order to reinstate his benefits. His policy paid him long-term disability benefits until age 65 if he remained disabled.

→ Continue reading Life Insurance Company of North America (CIGNA) lump sum settlement buyout offer obtained for former salesman