This is a case in which Unum’s decisions to deny benefits was consistent with the policy language. Employer-provided group disability insurance plans are different from individual plans. An employer-provided disability plan depends upon the employer/employee relationship. If something happens to interrupt this employer/employee connection it can have consequences, as Carol Jones discovered.

→ Continue reading Unum denies disability benefits to a Minnesota legal secretary with pre-existing condition

Attorneys Seek Information In Order to Prove Conflict of Interest Impacted Claim Denial

Another case appeared recently before the United States District Court, Northern District of Indiana, Hammond Division. It sheds light on motions to compel. We will look at the background behind the motion before looking at how the Court evaluated the need for discovery into a disability insurance company’s claims decision process. This case is another example of how a disability insurance company will fight with great effort to hide their potentially unreasonable claims handling activities.

BP Corporation of North America employed Clifford Hall for 27 years as a process operator. On December 1, 2007 he was involved in the motor vehicle accident that caused serious neck and back injuries and a traumatic brain injury as well. He worked his last day at BP the next day.

→ Continue reading Life Insurance Company of North America (CIGNA) ordered to supply information to disability insurance attorneys

The case we will look at here demonstrates once again how reviewing a disability denial under the abuse of discretion standard can favor an insurance company’s disability denial. All the insurance company must prove is that the process used to come to a claims decision was logical and reasonable. As you read the following case, it might seem that Jerry Darvell and his disability insurance attorney had good reason to believe he had been denied benefits wrongfully. You will discover why two federal courts decided otherwise.

→ Click here to continue reading LINA (CIGNA) denies long-term disability benefits to yellowbook Account Executive

This case is a sad example of how a disability claimant can battle a disability insurance company in an ERISA lawsuit for several years and then have a Judge give the insurance company another opportunity to wrongfully deny disability benefits. 

As an employee of Philips Lighting Company, 55-year-old Ronald E. Cox had been a repairman and tradesworker for nearly 24 years. While he had earned his GED, he had never graduated from high school. His job’s duties included installing, repairing, constructing and maintaining plant facilities and equipment. He fabricated and installed frames and supports for the tanks, kilns and other equipment in the plant facilities.

→ Click here to continue reading Life Insurance Company Of North America (CIGNA) wrongfully denies disability benefits to a Kentucky repairman

Dalit Waissman took sued Life Insurance Company of North America (LINA) when the company terminated her long-term disability payments in May 2006. In arguments presented before District Judge Jeremy Fogel of the U.S. District Court’s Northern District of California, San Jose Division on January 20, 2010, Waissman’s disability attorney did his best to show that the material in Waissman’s claim’s file demonstrated beyond doubt that Waissman was disabled according to the definitions laid out within her former employer’s long-term disability plan.

→ Click here to continue reading Did LINA wrongfully deny disability payments to claimant with multiple sclerosis? (Part II)

Dalit Waissman, a 53 year old who immigrated to the United States from Israel in 1984, came to her position at SAP, Inc. in 1997 with considerable experience in computer programming and educational consultation and resource coaching. She had spent the previous two years working as an independent contractor providing technical writing services.

SAP hired Waissman as one of their Senior Technical writers. The primary duties of her job according to SAP were to provide “excellent research, interviewing and writing skills: information mapping skills; instructional design skills; knowledge of the business cycles; knowledge of computer software, Windows applications and authoring tools; and HTML/Internet knowledge.”

→ Click here to continue reading CIGNA (LINA) terminates disability payments to woman with multiple sclerosis

A recent article written by Evan George of the Los Angeles Daily Journal, documents a new bill that would be a great thing for long-term disability claims that are governed by ERISA. If this bill passess, we can only hope that other states across the country would adopt similar legislation. Discretionary clauses do nothing other than tie the hands of judges and increase the profits of disability isnurance companies. A special thanks to Evan for sharing this article with our law firm and for his efforts in independently reporting the actions of long-term disability insurance companies. 

→ Click here to continue reading California lawmakers want to assist disability insurance claimants

On April 7, 2010, the ABC Good Morning America (“GMA”) show once again presented a story exposing the desperate actions of the Hartford Insurance Company. Disability insurance companies are notorious for using video surveillance. Hartford is one of the country’s largest long-term disability carriers.

→ Click here to continue reading Hartford continues to use video surveillance to wrongfully deny long-term disability claims

An order granting discovery of Unum employee performance reviews was issued out of the U. S. District Court, Southern District of California that highlights how important it is for a disability insurance attorney to couch discovery requests carefully.

→ Click here to continue reading Unum attempts to hide California disability insurance attorney’s attempt to obtain Unum employee reviews

On January 19, 2010, the United States Court of Appeals, First Circuit handed down a decision based on arguments heard between the disability attorney of Edward F. Richards and Prudential Insurance Company of America on October 7, 2009. This is another case that highlights the difficulties faced by disability claimants suffering with fibromyalgia. It demonstrates how important it is to hire an attorney who pays attention to the fine details and has a clear understanding of what his or her clients need to do in order to win their case.

→ Click here to continue reading Man with fibromyalgia faces Prudential Insurance in appeals court (Part II)