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

A recent decision from the United States District Court for the Middle District of Tennessee established strong arguments in support of total disability for an OB/GYN suffering from an injury to her right index finger. In Nylander v. Unum Life Insurance Company of America (Unum) the Court was tasked with ruling on a Motion for Summary Judgement filed by Unum in which Unum was asking the Court to dismiss Dr. Nylander’s claim for total disability benefits. For reasons discussed below the Court denied Unum’s motion and in doing so allowed Dr. Nylander’s claim for total disability to proceed through to trial.

There are certain legal factors that must be determined by a Judge when entering a ruling on a Motion for Summary Judgment, the most important being a determination as to the existence of a material issue of fact for a decision maker (Jury) to consider. This article will focus on the factors that the Court deemed were sufficient to establish a material issue of fact in Dr. Nylander’s claim for total disability benefits that resulted in the case not being dismissed. It should also be noted that Dr. Nylander’s disability insurance policy was an Individual Disability Income/Insurance (IDI) policy and not an employer provided group disability policy governed by ERISA. As such Dr. Nylander has a great deal more rights as it relates to trial- including a jury trial, live testimony, the ability to take depositions, etc.

Continue Reading Court Finds Evidence of Total Disability for OB/GYN With Finger Injury

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

Many long-term disability cases revolve around the issue of what constitutes the ability or inability to work in any gainful employment for which you “are reasonably fitted by education, training or experience.” The following case is another example.
Continue Reading Appellate Court Reverses Unum’s Denial Of Disability Benefits To A Registered Nurse (“RN”) And Trial Court Victory

An opinion issued by the United States District Court for the Middle District of Pennsylvania in November 2009 highlights the challenges an attorney faces when a complaint for denial of disability insurance benefits involves parties from different jurisdictions.
Continue Reading Unum’s Attempts To Dismiss A Physician’s Bad Faith Disability Lawsuit Are Denied By Pennsylvania Federal Court

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.
Continue Reading A General Surgeon And His Legal Team At Attorneys Dell & Schaefer Win Disability Insurance Jury Trial Against Unum

Individuals who pay for disability insurance premiums hope to be able to rely on the disability benefits if they are ever unable to work for any extended period of time. However, many times these employees’ claims are denied without any reasonable basis for denial.
Continue Reading New York Federal Court Exposes Unum’s Disability Claims Handling Tactics

Our client, an ophthalmological surgeon, was diagnosed with bi-lateral carpal tunnel syndrome following a traumatic accident. The client attempted to continue working for a few months following her injury in hopes that her hand numbness and pain would stop. While the pain stopped, the lost of sensation in her fingers remained. The client was forced to stop performing all eye surgeries a few months after her injury, but she continued her practice in a non-surgical capacity.
Continue Reading Attorneys Dell & Schaefer Resolve Lawsuit Against Unum On Behalf Of Ophthalmologist Suffering From Bi-Lateral Carpal Tunnel Syndrome

Our client, a general surgeon for 25 years, was forced to stop performing surgery due to chronic degenerative cervical disc disease. Fortunately, our client had purchased a long-term disability policy from Paul Revere Insurance Company (acquired by Unum), during the early years of his career.
Continue Reading A General Surgeon With Cervical Degenrative Disc Disease Is Approved For Disability Benefits By Unum