MetLife long term disability policies are notorious for containing very restrictive 24 month limitations for medical conditions that they classify as a neuromusculoskeletal and/or soft tissue disorders. The limitation typically limits benefits to two years for disabilities caused by neuromusculoskeletal and soft tissue disorders, “including, but not limited to, any disease or disorder of the spine or extremities and their surrounding soft tissue.” However, the limitation is inapplicable if the claimant has objective evidence that…

In David L. Rothman v. Unum Group, Unum Life Insurance Company of America (Unum), Plaintiff was a Certified Financial Planner who had worked for almost 30 years in a business owned by his father, Rothman Securities, when he developed a drug addiction. He was unable to perform the duties of his regular occupation and received disability benefits from October 12, 2012, until October 2015. On October 1, 2015, Unum terminated Plaintiff’s benefits. Plaintiff’s appeals were…

In Lavery v. Restoration Hardware, Inc.,  (D. Mass.), No. 17-10856, March 28, 2018, Plaintiff John Lavery (“Lavery”) filed a claim against Defendant Restoration Hardware, Inc. (“RHI”), based on RHI’s alleged misclassification of Lavery as an independent contractor when Lavery was allegedly in fact in employee under Massachusetts law. Lavery seeks among other damages the value of benefits plan (i.e., a welfare benefits package) that he would have received had he been classified as an employee.…

In Mary Beth Tobin v. Hartford Life and Accident Insurance Company, Plaintiff worked in Florida as manager of costuming operations for Disney Worldwide Services. She had been under the care of a physician for fibromyalgia beginning in February 2012. Her last day of work was October 2, 2012. She subsequently moved to Michigan and continued medical treatment with a board-certified family medicine physician. Plaintiff filed a claim for long-term disability (LTD) benefits, providing Hartford with…

It seems that claimants are denied long term disability benefits by CIGNA every day. CIGNA’s denials are predictable and tend to follow the same denial techniques from one claim to the next. After a LTD denial claimants are forced to go through the appeals process to get back on claim and with CIGNA it seems almost impossible to convince the appeals department to overturn an initial denial of benefits. Such was the case with Ms.…

Until someone faces cancer themselves or has a close loved one who goes through it, many people have the mistaken belief that life returns to normal once they beat cancer and are told there is no evidence of the disease after treatment. However, this is unfortunately not the case for the vast majority of warriors who have fought and won their fight with cancer. In this video, disability insurance attorneys Gregory Dell and Rachel Alters…

Has your disability insurance company recently asked you to complete a neuro-psych evaluation to maintain your disability insurance? The neuro-psych evaluation can declare that you have cognitive limitations and often aims to prove that you are exaggerating your medical condition to receive disability benefits. The evaluation includes a questionnaire and a verbal interview segment.…