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 benefits and how another court will side with the insurance company’s argument that the plan criteria is different from Social Security’s disability criteria.

→ Click here to continue reading Prudential denies disability benefits to man with fibromyalgia after paying benefits for 10 years

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 battle with Unum had been a long one. The final bill that her attorneys delivered came to $1,384,127.79 in fees and costs. She supplied supporting records of the time spent by her attorneys. Unum contended that it should only have to pay half of this, and Fitts found herself in court once again.

→ Click here to continue Court Orders UNUM to pay over one million dollars in attorney fees for long-term disability denial

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). Now, we will look at both the District Court and Appeals Court decisions because the District Court’s decision is what the Appeals Court would be considering.

→ Click here to continue reading Liberty Mutual wins long-term disability case because of video surveillance—how District and Appeals Courts drew conclusions (Part II)

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 look at the background for this case. Hints as to why her appeal proved unsuccessful are found in her history.

→ Click here to continue reading Liberty Mutual wins long-term disability case because of video surveillance—backdrop for an unsuccessful LTD claim (Part 1)

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.

→ Click here to continue reading Will Life Insurance Company of America have to pay long-term disability benefits?

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 by the judges on December 1, 2009 and a decision was filed on February 5, 2010.

→ Click here to continue reading Reliance Standard long-term disability benefits decision affirmed by Circuit Court

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 to discuss could have gone more favorably for Lorene Roccon Thompson, if her attorneys had paid more attention to the details. Discovery in ERISA disability cases is extremely limited and generally is only allowed to determine the extent of a conflict of interest.

→ Click here to continue reading Discovery requests in ERISA disability cases are found to be limited

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 her shoulders, arms and hands. She was diagnosed with cervical radiculitis, a disorder of the spinal nerve roots.

→ Click here to continue reading MetLife must reconsider denial of benefits for former MetLife employee

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 issues.

The foundation of this case began back in 1999. Stuart S. Johnson, a participant in a group disability policy issued by Unum Life Insurance Company of America (Unum), applied for long-term disability benefits. Unum denied his application. The administrative appeals process allowed him to request review of the decision three times. Johnson appealed three times and was denied each time.

→ Click here to continue reading Unum’s denial of disability claim is upheld after court finds claimant failed to respond in a timely manner

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 benefits plan did not qualify as a governmental plan? 2) Was the District Court’s determination that her claim did not qualify for a jury trial correct? 3) Did the District Court made the right determination when it failed to find Hartford’s denial of benefits arbitrary and capricious.

To understand Graham’s claim we will look at the background of her claim.

→ Click here to continue reading Postal worker loses long-term disability claim against Hartford Insurance