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

In 2002, Mrs. C was forced to stop working and file a claim for disability benefits under her long-term disability policy provided through her teacher’s association. After reviewing her claim and giving careful consideration to the medical evidence, the disability insurer approved Mrs. C’s claim and began paying total disability benefits.
Continue Reading Teacher Suffering From Sjorgen’s Syndrome, Fibromyalgia And Other Conditions Receives Lump-Sum Buyout Following Denial Of Long-Term Disability Benefits

Cigna attempted to deny lifetime disability benefits for a claimant suffering from a psychiatric organic brain disorder, but the district court of Colorado disagreed. Following a remand from the court of appeals, which ruled the district court had erred by considering evidence outside the “administrative record,” the district court nonetheless reaffirmed its ruling in plaintiff’s favor after carefully considering all of the evidence in the record and analyzing each of the medical opinions presented.
Continue Reading CIGNA’S Attempt To Limit Claimant To A Maximum Of 2 Years Of Long-Term Disability Benefits Limitation For An Organic Brain Disorder Such As Bi-Polar Is Reversed By The District Court

In 1989, The US Supreme Court declared that if ERISA plans contain language giving plan fiduciaries discretion to interpret the terms of the plans and to make benefit determinations, courts will generally yield to that discretion.
Continue Reading Insurance Industry Loses Lawsuit Challenging the Abolishment of Discretionary Clauses In ERISA Long-Term Disability Policies

The Second Circuit U.S. Court of Appeals has denied First Unum Life Insurance Co.’s request to reconsider a decision in which it found the company arbitrarily denied long-term disability benefits to a tax attorney with colon cancer.
Continue Reading Unum Provident’s Appeal of Long Term Disability Benefits Awarded to a New York Tax Attorney Is Denied

Our client, a breast cancer survivor, was a senior property manager for a large property management company for nearly fifteen years. As a senior property manager, our client was responsible for planning, controlling and directing the day to day operation of multiple properties. Year after year she received numerous recognitions for the quality of her work.
Continue Reading Prudential Denies Long-Term Disability Benefits To A Breast Cancer Survivor And Attorneys Dell & Schaefer Submit An Appeal

Dr. C, a dentist, came to Attorneys Dell & Schaefer in 2006 seeking assistance in submitting applications for long-term disability benefits. In 1999, Dr. C began noticing a slight tremor in his right hand while writing and at times while holding a dental instrument. He immediately sought care from a neurologist, who after examining Dr. C, determined that the tremor was likely stress and anxiety related. Dr. C continued working and operating his dental practice with the hopes that his slight tremor would resolve.
Continue Reading Dentist With Hand Tremor Files Suit And Receives Confidential Settlement For Past Due And Future Long-Term Disability Benefits

More than sixteen years ago, shortly after starting his dental practice, Dr. Johnson (name has been changed for privacy purposes) bought a disability insurance policy to protect his income in case of an illness or injury that prevented him from completely or partially working in his chosen profession. Over the years, Dr. Johnson’s practice grew substantially

Attorneys Dell & Schaefer has filed a long-term disability breach of contract lawsuit in federal court against Conneticut General Life Insurance Company (“Connecticut General”) seeking lifetime disability benefits. Our client, a former floor trader on the American Stock Exchange, was disabled due to bipolar disorder, a sickness, from March 1995 until April 2006.
Continue Reading Former Financial Trader Files Lawsuit Against Connecticut General Life Insurance (Metlife) Seeking Lifetime Long-Term Disability Benefits

Our client, a Texas resident, contacted Attorneys Dell & Schaefer following her initial application denial and first appeal of her disability denial by a prior law firm. This woman, suffering from chronic neck and back problems, a stroke, depression, headaches, and memory loss, had been a quality control manager for a large corporation. The client was unable to perform an work and was seeking total disability benefits.
Continue Reading Jefferson Pilot’s Denial of Long-Term Disability Benefits To A Quality Control Manager Is Reversed