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In Pamela Fleming v. Unum Life Insurance Company of America (Unum), Plaintiff, a litigation attorney, was in a car accident in 1994 and suffered serious injuries to her spine. She never fully recovered and by July 2005, she was only able to work four hours a day and eventually had to completely stop working.

In December 2005, Unum approved Plaintiff’s claim for LTD benefits. Through the years, she periodically submitted updated medical records and continued to receive benefits until September 26, 2016, when Unum informed her by letter that her benefits were terminated. Unum stated that it believed she was no longer disabled and could return to work. After exhausting her administrative remedies, Plaintiff filed this ERISA lawsuit.Continue Reading Court Rules Unum Life Insurance Company Wrongfully Terminated LTD Benefits

In Micha v. Sun Life Assurance Company of Canada and Group Disability Benefits Plan (Sun Life v. Group Disability), plaintiff John Paul Micha, M.D., was covered by a disability benefit policy through Sun Life which had been purchased by Group Disability, an employee welfare plan maintained to provide disability benefits to the employees of the medical group of which Micha was a part.
Continue Reading Court Orders Sun Life Assurance Company to Pay Appellate Attorney’s Fees

In a case not handled by Attorneys Dell & Schaefer, but which can be utilized to our clients’ advantage in the future, a Long Term Disability (LTD) Claimant has earned a partial victory against Standard Insurance Company.
Continue Reading California Federal Court Finds that Standard Insurance Company’s Review of LTD Claim was Insufficient; Remands Claim Back to the Plan Administrator

A California federal Judge recently reversed Hartford’s denial of long term disability benefits to a former manager that was initially approved from 2008 until July 2011. Hartford once again relied on their use of video surveillance and an IME report to wrongfully deny LTD benefits. Thankfully the claimant in this case took Hartford to court and won. While our disability attorneys have handled hundreds of cases against Hartford, this case was not handled by our law firm. The Judge’s opinion in this case was outstanding as it addresses all of the wrongdoing done by Hartford.
Continue Reading Hartford Approves Disability Benefits At Any Occupation Stage and Then Denies LTD Benefits, But Court Reverses

A recent ruling in a California ERISA lawsuit against Hartford discusses 2 interesting issues: 1) retroactive benefit awards when a case is remanded back to the carrier for a full and fair review; and 2) awards for attorneys fees and costs.Continue Reading California Court Denies Retroactive Benefit and Attorneys Fees Awards Despite Remand Back to Hartford for a Full and Fair Review

Robert Montour worked as a telecommunications manager for Conexant Systems for approximately 37 years. He was insured under Conexant’s group disability plan, which was funded and administered by Hartford Life & Accident Insurance Company. In July 2003, Montour filed for disability due to acute stress disorder, and his claim was approved in January 2004 following the plan’s 180 day elimination period.
Continue Reading California Court Orders Hartford To Pay Long-Term Disability Benefits To A Telecommunications Manager

Recently, the California Department of Insurance settled with LINA, a daughter company of CIGNA to the tune of $600,000. What was this penalty for? According to California Insurance Commissioner Steve Poizner, LINA was apparently ignoring certain claims that might have been valid disability claims.
Continue Reading CIGNA/LINA Penalized By The California Department Of Insurance

The recently decided case of Barteau v. Prudential, 2009 WL 1505193 (C.D. Cal.) is a reminder of what ends Prudential will go to in denying a claim for benefits. Carl Barteau was an Assistant Professor of Mathematics at DeVry Institute of technology for almost eight years before becoming disabled.
Continue Reading Prudential Denies Long-Term Disability Benefits To A College Professor, But The California District Court Reverses the Claim Denial

In, Lona v. Prudential, 2009 WL 801868 (S.D. Cal)., the Court determined that the opinions of three doctors hired by the insurance carrier to review the insured’s medical records did not carry as much weight as the opinions of three other doctors that physically examined the insured.
Continue Reading Judge Orders Prudential To Pay Account Manager $90,416 In Long-Term Disability Benefits

Rosa Wood had carpel tunnel syndrome and left work in 1999 because of it. After receiving short term disability benefits and undergoing back surgery, Ms. Wood applied for long term benefits. Initially, Ms. Wood’s claim for benefits was denied however her plan eventually agreed to pay benefits for the first phase of long term disability.
Continue Reading California Federal Court Rejects Prudential’s Attempt to Limit Claim