After receiving disability benefits for 5 years from Sun Life insurance Company, Connie never expected her disability insurance benefits would be denied. Connie Hepburn was a "participant" in a Sun Life Disability benefit plan ("the Plan,") due to her employment with Toyoda-Koki Automotive North America, Inc. ("Toyoda") as a Shipping Supervisor in the Production Control
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Sun Life Ordered To Re-Evaluate Long-Term Disability Benefit Denial By Federal Judge
When Vickie Costello left work on May 19, 2006, after a stressful encounter with one of her co-workers, she had no idea that her problems were going to get even worse. In order to return to her job at Logan Aluminum, Inc., her employer required her to sign a “last chance agreement.” Already suffering from…
CIGNA/LINA Penalized By The California Department Of Insurance
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.
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Lincoln National approves long-term disability benefits for financial advisor injured in car accident
Our client was a successful, independent financial advisor who owned her own business. On December 21, 2008, while stopped at a red light, her car was struck from the rear by a cement mixer. Within days of the accident she was beginning to experience pain in her neck and lower back. MRI reports indicated multiple herniations of her cervical and lumbar spine.
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Insurance Industry Loses Lawsuit Challenging the Abolishment of Discretionary Clauses In ERISA Long-Term Disability Policies
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.
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Unum Provident’s Appeal of Long Term Disability Benefits Awarded to a New York Tax Attorney Is Denied
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.
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Prudential Denies Long-Term Disability Benefits To A Breast Cancer Survivor And Attorneys Dell & Schaefer Submit An Appeal
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.
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Attorney Dell & Schaefer Prove Dentist Is Totally Disabled And Not Residually Disabled
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…
Unum Found Guilty Of Social Security Disability Fraud By A Federal Jury
A federal jury in Boston found that Unum, the nation’s largest disability insurer, had committed fraud in some cases by requiring customers to apply for Social Security benefits even though it knew they were not eligible.
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Unum’s Denial of Pediatric Nurse is Overturned on Appeal
Nancy Mikrut, a pediatric nurse practitioner for Danbury Health Systems, was insured under the company’s group disability plan administered by Unum Life Insurance Company of America. In 1999, Ms. Mikrut was injured in an automobile accident and was unable to return to work due to severe back pain.
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