Disability Insurance Law Blog
The Fifth Circuit Court Of Appeals Calls Into Question Whether Deference Should Be Given To The Factual Benefit Determinations Of ERISA Plan Administrators.
On Behalf of Disability Insurance Law Group | | ERISAIn a recent decision, Ariana M v. Humana Health Plan of Texas, Inc., 2017 WL 1423765 (5th Cir. April 21, 2017), the Fifth Circuit Court of Appeals called into question the validity of
Bert Bell/Pete Rozelle NFL Player Retirement Plan And The NFL Player Supplemental Disability Plan Ordered By Federal District Court To Pay NFL Player Full Disability Benefits
On Behalf of Disability Insurance Law Group | | Pro Athletes Disability BenefitsThe Bert Bell/Pete Rozelle NFL Player Retirement Plan and NFL Disability Plans are notoriously difficult for a NFL player to collect benefits under from the NFL. Further discouraging is that
AVOIDING LONG TERM CARE POLICY DELAY TACTICS
On Behalf of Disability Insurance Law Group | | Insurance Company TacticsLong Term Care/Home Health Care Insurance providers seem to make a habit of doing everything possible to delay making a decision on a long term or home health care claim for
Did The 2004 Multi-State Settlement Deter Unum Provident From Continued Bad Faith Claims Handling?
On Behalf of Disability Insurance Law Group | | Insurance Company TacticsAlmost 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
Third Circuit Court Of Appeals Determines That The Department Of Labor Is Not Bound By The Results Of An Private Lawsuit.
On Behalf of Disability Insurance Law Group | | Firm NewsIn a recent case, Sec’y United States Dep’t of Labor v. Kwasny, No. 16-1872, __F.3d__, 2017 WL 1244852 (3d Cir. Apr. 5, 2017), the Third Circuit Court of Appeals determined that
Cognitive And Mental Health Conditions Are Not Always Subject To A 24 Month Maximum Benefit Cap
On Behalf of Disability Insurance Law Group | | Appealing A Claim DenialMany group Long Term Disability policies limit the payment of benefit to 24 months if the disability is “due in whole or part to mental illness.” However, insurance companies can
The First Circuit Court Of Appeals Determines That Standard Insurance Company Acted Unreasonably Denying A Claimant Benefits, Where It Failed To Consider The Claimant’s Actual Occupational Duties.
On Behalf of Disability Insurance Law Group | | Appealing A Claim DenialIn a recent case, the First Circuit Court of Appeals determined that Standard Insurance Company acted arbitrarily and capriciously when it denied an environmental attorney with severe depression Long-Term disability
Proving Disability From Depression, Anxiety, And Other Psychological Conditions
On Behalf of Disability Insurance Law Group | | Appealing A Claim DenialAs many insureds suffering from depression and/or anxiety can attest, filing a disability insurance claim based on these illnesses can be complicated and frustrating. Because “objective evidence” of depression and
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
On Behalf of Disability Insurance Law Group | | Disability Insurance PoliciesA 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
Court Overturns Northwestern Mutual’s Denial Of Disability Insurance Benefits To Attorney With Congestive Heart Failure Unable To Handle Stress
On Behalf of Disability Insurance Law Group | | ERISAA 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