Disability Insurance Attorneys Dell & Schaefer has represented policy holders when the disability insurance company denies a claimant benefits who has been on claim for many years. Insurance companies often deny claims even when the policy holders claim file is absent any evidence that there’s been any improvement in their condition.

GREG DELL: Hi, I’m Greg Dell, here with attorney Victor Peña. And, Victor, you brought a case to my attention that just came out recently out of the Circuit Court of Appeals for the 1st Circuit, which covers cases out of Massachusetts. I’m always intrigued by the cases where the disability insurance company denies a claimant that had previously been on claim for nine years and the thought process to say, outside of some video or some doctor saying the claimant’s better, did they find the cure to this person’s disease or did they just get that much better after nine years at their back?


Continue Reading After 9 Years, UNUM Denies a Policy Holder Benefits Despite No Evidence of Improvement

In Vicki Young v. Sun Life and Health Insurance Company, plaintiff Young, a mortgage broker, was initially granted disability benefits in September 2010 based on her diagnosis of fibromyalgia. The initial two years of her disability were based on her inability to perform the essentially duties of her own occupation.

After two years, Sun Life continued her long term disability (LTD) benefits on the grounds that she did not have the ability to perform the job duties of any occupation for which she was qualified. Suddenly, in 2015, Sun Life terminated her benefits, stating she was no longer disabled under the “any occupation” standard. Young’s administrative appeal was denied and she filed this ERISA lawsuit in the U.S. District Court for the Eastern District of California.

Continue Reading Court Reinstates Disability Benefits Erroneously Terminated by Sun Life

Can a Functional Capacity Evaluation be Useful to determine if a Claimant with Fibromyalgia is disabled?

It is very common for an insurance company to deny disability benefits to individuals suffering from Fibromyalgia. This happens more often than not due to the inability to provide the insurance company with objective proof of the disability, as none exists. There are no known objective tests for fibromyalgia at this point in time.
Continue Reading Unum abused its discretion by disregarding results of a functional capacity evaluation (FCE) of a disabled registered nurse

A Puerto Rico court rules in favor of the claimant and finds that denial of her STD benefits made her ineligible for LTD benefits, thereby exhausting her administrative remedies for LTD benefits.
Continue Reading Sedgwick and Walgreens Deny STD benefits, But Puerto Rico Court Rules That Pharmacist Can Seek LTD Benefits without Exhausting ERISA Appeal

A Tennessee Plaintiff filed an ERISA lawsuit regarding the denial of her short term disability and long term disability benefits, contending that 1) she was disabled under the terms of the plan; 2) that United of Omaha Life’s reliance upon the opinions of medical experts who did not physically examine her was inadequate to provide

A Michigan disability attorney, on behalf of a disabled Michigan client, filed a lawsuit against the Unum Life Insurance Company of America (UNUM) at the District Court for the Western District of Michigan. In Kristina M. Arbelius V Unum Group D/B/A Unum Life Insurance Company of America, the plaintiff Kristina M. Arbelius alleged that

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).
Continue Reading Arizona Court Reverses Reliance Standard And Awards Disability Benefits to Woman Suffering From Fibromyalgia

Mrs. Pettigrew was an employee of Pioneer Automotive Technologies, Inc from December 8, 2003 until May 15, 2006. Her most recent position was that of a senior engineer. Mrs. Pettigrew had been experiencing increasing pain and symptoms of Chronic Fatigue Syndrome (CFS), Fibromyalgia and Radiculopathy. Because of the increasing problems Mrs. Pettigrew was facing, she was finally forced to stop working.
Continue Reading Prudential Ordered To Re-evaluate Long-Term Disability Claim of Engineer Suffering From Chronic Fatigue Syndrome and Fibromyalgia By Court

Annette Engel was employed with Harborcreek Youth Services as a Clinical Director, where she performed duties such as providing leadership and vision, developing proposals, overseeing interviews and recruits of other clinicians, consultation and more. On September 5, 2007, Mrs. Engel applied for long term disability benefits under her employer’s plan with Jefferson Pilot (aka Lincoln National), claiming fibromyalgia, chronic fatigue, stress, and depression resulting from working long hours.
Continue Reading Disability Benefits Ordered To Paid By Jefferson Pilot To A Clinical Director Suffering From Fibromyalgia, Chronic Fatigue And Depression