Before you submit an appeal of your group short-term ("STD") or long-term ("LTD") disability claim, it is essential that you understand your obligations and rights under the applicable law. What you do not know, could hurt you!Most group STD and LTD claims that you...
Disability Insurance Policies
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...
Northern District of Oklahoma finds that Unum Acted Arbitrarily and Capriciously in Denying Disability Insurance Claim of Pharmacist With a Physical Condition Requiring Narcotic Pain Medication
A recent case out of the North District of Oklahoma, Anderson-Posey v. Unum Life Ins. Co. of Am., involved a long-term disability insurance policy issued by Unum Provident and governed under the Employee Retirement Security Act of 1974 ("ERISA"). The claimant...
Court Overturns Northwestern Mutual’s Denial of Disability Insurance Benefits to Attorney With Congestive Heart Failure Unable to Handle Stress
A federal district court recently overturned Northwestern Mutual's denial of own occupation disability insurance benefits to an attorney with congestive heart failure unable to handle stress. The case Mustain-Wood v. Northwestern Mututal Life Insurance Company...
Disability Insurance Law Group Successfully Overturn’s MetLife’s Disability Insurance Denial of Kindergarten Teacher
Ms. A became a kindergarten teacher in 2001. She loved her job and each of the children she taught throughout the years. Unfortunately, in the winter of 2014, Ms. A. was in a serious car accident. She was stopped at a light when a pick-up truck struck her car from...
Disability Insurance Law Group Successfully Overturns Standard Insurance’s Denial of Disability Benefits for Accountant with Multiple Sclerosis
Our client, Mr. D was a partner at a large accounting Firm for 9 years. Unfortunately, he began to experience severe and debilitating symptoms and was ultimately diagnosed with Multiple Sclerosis ("MS"). Mr. D had difficulty accepting the diagnosis and sought a second...
Jury Verdict for $7.6 Million to Chiropractor for Denial of Disability Insurance Benefits Upheld by Court of Appeals
Chiropractic Physician, Joan Hangarter, owned her own chiropractic practice in Berkeley, California and during a typical day she would treat between 30 and 50 patients. In 1989, Dr. Hangarter purchased an "own occupation" disability insurance policy from Paul Revere....
Debunking Disability Myths
There is a great deal of misinformation about the amount fraud against disability insurance carriers. While some people may believe going out on disability is akin to an early retirement, those individuals who are truly disabled know this is certainly not the...
If You are not Practicing as a Dentist on the Time of Your Disability Claim Under the Policy, Regardless of Intent, Dentistry is not Considered “Your Occupation.”
In the case of Giddens v. Equitable Life Assurance Society of the United States, 445 F.3d 1286 (11th Cir. 2006), the Eleventh Circuit Court of Appeals held that regardless of his intent, if Dr. Giddens was not practicing dentistry at the time of his disability under...
Important Information about Psychological, Mental/Nervous Disability Claims
Most employer sponsored group disability plans, and a very few individual disability insurance policies, limit the payment of disability benefits to 24 months if the disability is caused by a mental/nervous condition such as Fibromyalgia or Generalized Anxiety...