George Nevitt, a practicing attorney fell down a flight of stairs on June 19, 2001. His injuries were so severe, that The Standard Insurance Company (Standard), the company that provided his company’s employee welfare benefit plan, initially approved Nevitt’s claim for disability benefits. In April 2007, Standard terminated Nevitt’s coverage claiming that he no longer qualified because of the mental disorder limitation of the plan.
Continue Reading Federal Court Reverses Standard Insurance Company’s Denial Of Long-Term Disability Benefits To An Attorney
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Attorneys Dell & Schaefer File Lawsuit And Obtain Lump-Sum Buyout For Chiropractor After Disability Carrier Denies Disability Benefits
Dr. Z, a chiropractor, suffered an injury to both of his wrists while performing work in his backyard. As a result, Dr. Z was forced to discontinue his profession as a chiropractor and file disability claims under his three long-term disability insurance policies.
Continue Reading Attorneys Dell & Schaefer File Lawsuit And Obtain Lump-Sum Buyout For Chiropractor After Disability Carrier Denies Disability Benefits
Prudential’s Failure To Produce Documents Weighs In Long Term Disability Claimant’s Favor
In a ruling filed on November 17, 2009, the United States Court of Appeals for the Eighth Circuit found that Prudential Insurance Company of America (Prudential) had failed to provide Barbara Brown adequate information with which to appeal their decision to deny her long term disability (LTD) benefits.
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Third Circuit Court of Appeals Upholds Hartford’s Denial Of Long-Term Disability Claim Based on Pre-Existing Condition Defense
The Third Circuit Court of Appeals recently rendered a very difficult decision in favor of Hartford Insurance Company dealing with the interpretation of pre-existing condition clauses in long-term disability income policies.
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A General Surgeon And His Legal Team At Attorneys Dell & Schaefer Win Disability Insurance Jury Trial Against Unum
In a federal court in Peoria, Illinois, a jury ruled against Unum Company (NYSE: UNM) and awarded more than $300,000 in disability insurance benefits the insurer withheld from a general surgeon it had claimed was capable of conducting major surgeries, despite the surgeon’s difficulty standing for more than one hour at a time.
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Berkshire Approves Total Disability Benefits For Litigation Attorney Following Multi-Level Fusion Of Cervical Spine And Surgery To Remove A Cancerous Tumor
Our client was a litigator with his own successful practice. Early in 2009 he began to experience increasing pain in his upper back and neck. Thinking it was just a result of stress, he continued to try to work through the pain.
Continue Reading Berkshire Approves Total Disability Benefits For Litigation Attorney Following Multi-Level Fusion Of Cervical Spine And Surgery To Remove A Cancerous Tumor
The Standard Insurance Company Loses Court Battle To Enforce Discretionary Clauses In Long-Term Disability Insurance Policies
Once again the Ninth Circuit U.S. Court of Appeals has upheld a state’s rights to protect employees that have long-term disability insurance policies issued by their employers. In an opinion filed on October 27, 2009, three circuit judges on the ninth circuit reached a unanimous decision that a state’s practice of disapproving insurance policies that…
Court Rules That An Undiagnosed Pre-Existing Condition Will Not Result In Denial Of Long-Term Disability Benefits
On November 4, 2009, a ruling was handed down in the Sixth Circuit Court of Appeals that will surely have insurance companies looking at how they define “pre-existing condition”. Ruth Mitzel is certainly happy that the court affirmed the lower court’s decision that Anthem Life Insurance Company, her employer and insurer, had wrongfully denied her long-term life insurance benefits.
Continue Reading Court Rules That An Undiagnosed Pre-Existing Condition Will Not Result In Denial Of Long-Term Disability Benefits
Arizona Court Reverses Reliance Standard And Awards Disability Benefits to Woman Suffering From Fibromyalgia
After receiving disability benefits for more than 10 years, the Reliance Standard denied disability benefits. After a 4 year legal battle, the Arizona district court determined that Melisa Gemmel was disabled by fibromyalgia. Melissa Gemmel was employed at Systemhouse, Inc. and covered under her employer’s long-term disability plan, issued by Reliance Standard (NYSE:DFG).
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Texas Court Rules That Hartford Wins Long-term Disability Case, Claimant Failed To Exhaust Administrative Remedies
It is vital that you hire the right long-term disability firm to represent you. Debra Swanson had to learn this the hard way, as a recent ruling in the Fifth Circuit court of Appeals in the Southern District of Texas demonstrates. How did Swanson’s attorney fail her? Her counsel failed to file a proper appeal.
Continue Reading Texas Court Rules That Hartford Wins Long-term Disability Case, Claimant Failed To Exhaust Administrative Remedies