Our client (Mr. X), a stockbroker in New York, experienced anxiety and major depression as the result of family related issues and the death of his mother after her long battle with cancer. His treating psychiatrist and therapist both advised him to avoid as much stress as possible and take a medical leave of absence from his job in order to focus on his mental health and take the steps necessary to become fully functional. Mr. X submitted the claim forms and physician statements in support of his disability claim and fully expected his disability insurance carrier, MetLife, to pay disability benefits while he was undergoing therapy and until he was functional enough to return to his job. Despite clear evidence of disabling anxiety and depression, MetLife determined that the medical records did not clearly establish Mr. X's limitations or inability to work and denied benefits. He then hired DI Law Group to file the appeal.
Social Media Causes Long-Term Disability Claimant to Lose her Benefits
In a recent case out of the Fifth Circuit Court of Appeals, Davis v. Aetna Life Ins. Co., No. 16-10895, (5th Cir. 2017), the Court found that surveillance footage and social media were a contributing factor to the denial of the claimant's long-term disability benefits.
DI Law Group Successfully resolves Long Term Care Claim against Genworth
DI Law Group was hired to assist a 91 year old woman in obtaining the home health care benefits to which she was entitled under her long term care policy with Genworth Insurance Company. After months and months of providing Genworth with information, medical records, and physician forms clearly detailing her inability to safely dress, transfer, and bathe without either hands-on or standby assistance, she and her son became extremely frustrated and reached out to our firm. Our client, a widow who I will refer to as Mrs. X, procured a long term care and home health care policy over 25 years ago and timely paid her premiums every year because she felt it was important not to have to burden her children physically and financially should the day come that she could no longer take care of herself. About 2 years ago, Mrs. X began to experience some memory issues, balance problems, and overall weakness. However, she took great pride in being extremely independent and was extremely reluctant to admit that she needed assistance. As a result, her son (who is in his 60s) became very worried and felt it necessary to spend more time with her to make sure that she did not fall and could get to her doctor appointments. Unfortunately, her health continued to decline and after her 3rd or 4th fall he convinced him mom to apply for home health care benefits under her Genworth Long Term Care plan.
Federal District Court Finds that Hartford Failed to Provide a Claimant with a Full and Fair Review of her ERISA Governed Disability Insurance Claim.
In a recent case out of the Southern District of Indiana, Miller v. The Hartford Life And Accident Insurance Co., & Springleaf Finance, Inc. Disability Plan, No. 116CV00166TWPDML, 2017 WL 2214938 (S.D. Ind. May 19, 2017), the federal court found that Hartford failed to afford the Plaintiff a full and fair review of her ERISA governed disability insurance claim and remanded the matter back to Hartford to reevaluate the claim.
DI Law Group Sponsors the 2017 Celebrating everybody Walk supporting the Alliance for Eating Disorder Awareness.
DI Law Group was proud to sponsor the 2017 Celebrating everybody Walk, held by the Alliance for Eating Disorders Awareness. The purpose of the Walk is to foster awareness and understanding of and promote early intervention of eating disorders. As always, DI Law Group was honored to be a part of this inspiring and uplifting event. The Alliance for Eating Disorder Awareness provides free presentations, support groups for individuals and their families who are struggling with eating disorders, and publishes an annual national and local guide to treatment facilities. DI Law Group looks forward to sponsoring the Walk in the years to come and to continuing to support the vital work of the Alliance for Eating Disorders Awareness.
