Using a variety of surveillance and investigation techniques, disability insurance companies often try to gather information about claimants’ daily activities. Then, they use the information to say the claimants are not disabled – and not eligible for disability...
Common Disability Insurance Company Tactics
Long-term disability claimant’s debilitating pain had subjective and objective support
The U.S. Court of Appeals for the Sixth Circuit recently held in favor of a long-term disability (LTD) claimant whose insurance company denied his claim based largely on severe, chronic back pain. Disability insurance companies often improperly discount credible...
Disability Insurance Company Claim Reviews – What Are They Looking For?
Throughout the time claimants are eligible for disability benefits and benefits are being paid, claimants are intermittently advised that their claim is being reviewed and that updated information is required. This often indicates that the insurance company is...
Liberty Life’s Wrongful Denial of Disability Benefits for Bipolar Disorder and Carpal Tunnel Syndrome
In the case, Suson v. The PNC Financial Services Group, INC., No. 15-CV-10817, 2017 WL 3234809, at *1 (N.D. Ill. July 31, 2017), Liberty Life Assurance Company of Boston, acting as the Plan administrator for PNC's ERISA disability plan, denied long term disability...
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...
Did the 2004 Multi-State Settlement Deter Unum Provident From Continued Bad Faith Claims Handling?
Almost fifteen years ago, Unum Provident entered into a historic multi-state settlement with 3 lead states, 46 other states and the District of Columbia, as well as the U.S. Department of Labor, that cost it in excess of $120 million to comply, required it to reassess...
Court Finds Surveillance Video Unconvincing
In many cases, without the claimant's knowledge, insurance companies hire private investigators to follow the claimant and conduct video surveillance over a period of several days. This video is often used to create the illusion that because the claimant is functional...
Is A Physician Who Is No Longer Able To Perform Surgery Totally Disabled Under An Own Occupation Disability Insurance Policy?
Numerous cases exist where a physician who has specialized as a surgeon becomes unable to perform surgical procedures due to injury or illness but remains able to still perform other duties as a physician. Whether or not this is considered a total or residual...
Getting and Keeping Your Disability Insurance Benefits
Applying for disability insurance benefits and maintaining those benefits requires an understanding of the policy's terms as well as the tactics and review procedures utilized by many insurance companies throughout the duration of the...
Pre-existing Condition Exclusions Are Often Misused by Companies to Deny Disability Insurance Claims
Most every group long-term disability policy will include a complete exclusion for any disabilities caused by a pre-existing condition. Private long-term disability insurance policies purchased by individuals normally also exclude coverage for a pre-existing condition...