A federal appeals court on April 5, 2021, agreed with the trial court that the insurer had denied the short- and long-term disability insurance claimant’s applications wrongly and without the required substantial evidence to do so. Last year, we talked in this space...
HELPING PEOPLE LIKE YOU WITH THEIR DISABILITY, LIFE AND LONG-TERM CARE BENEFIT CLAIMS
Disability Insurance Policies
Work-related injuries may qualify for short-term and long-term disability benefits
Injuries that occur on the job may be compensated through a workers' compensation claim. However, injuries that result in a prolonged absence or even permanent disability may qualify the employee for benefits under their employer's short-term disability and/or...
What you need to know before submitting an appeal of your group short-term or long-term disability insurance claim…
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...
What does your policy’s declaration page do for you?
Most Florida residents rely on the insurance company they work with to get their policies right. After all, they may not feel as though they have a choice in purchasing insurance in the first place, so they discuss coverage options and begin paying premiums.However,...
Inability to Perform an Essential Duty is Total Disability
When faced with a disability claim, the definition and interpretation of "totally disabled" under your assigned plan is central to the outcome of your claim. As portrayed in Derichs v. AT&T Services, Inc., a recent US District Court for the District of Kansas...
Prudential Denies Disability Benefits based on Severance Agreement
The case Thomas v. The Prudential Insurance Company of America, 2018 WL 211 118020, US Dist. Ct. E.D. Pennsylvania, is a reminder of how important it is to understand the implication and consequences of all terms in a severance agreement. When drafting a severance...
Court Ruling on Mutual of Omaha Pre-Existing Denial of Benefits
In the case of Horneland v. United of Omaha Insurance Company, the eleventh circuit reversed the United States District court for the Middle District of Florida's decision finding for the defendant. In the case, Horneland sued United of Omaha Life Insurance Company...
Can a Personal Injury Settlement Offset Your Long-Term Disability Payments?
On behalf of the posted in ERISA on Monday, June 26, 2017.In a recent case out of the Second Circuit Court of Appeals, Arnone v. Aetna Life Ins. Co., No. 15-2322, 2017 WL 2675293 (2d Cir. June 22, 2017), the Court found that a personal...
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 was a...
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...