United of Omaha Denial of Disability Benefits for Senior Manager Remanded by Appeals Court

By Gregory Dell on July 16, 2019

For approximately 16 years, Shirley Lacko was employed by BKD, Inc., an accounting firm. When her health issues forced her to quit her job, she applied for both short-term disability (STD) and long-term disability (LTD) benefits due to her numerous documented medical problems. At the time she stopped working on September 25, 2015, her position was that of Senior Manager in the Audit Department with an annual salary of $93,250.04. The disability insurance group policies…

Disability Insurance Claims Law Blog

Principal Life Insurance Denial of Disability Benefits for Lawyer with Migraines Upheld by Court of Appeals

By Gregory Dell on May 21, 2019

After working for a law firm as a healthcare attorney for more than seven years, Amanda Foster began having intractable migraine headaches, so she stopped working. She received long term disability (LTD) benefits from Principal Life Insurance Company (Principal) from September 4, 2013, until they were terminated effective December 9, 2014. Foster filed two administrative appeals and submitted additional medical records. After Principal paid numerous physician reviewers, it denied her claim and found she was…

Disability Insurance Claims Law Blog

AIG Disability Insurance Claim, Denial, Appeal and Lawsuit Information

By Gregory Dell on April 18, 2019

Disability insurance claims attorney Gregory Dell discusses American International Group (AIG) short term and long term disability benefit claims and denials.…

Disability Insurance Claims Law Blog

A Disability Lawyers’ View of Cigna Disability Claim Handling

By Gregory Dell on April 1, 2019

Disability insurance attorneys Stephen Jessup and Gregory Dell discuss Cigna’s latest strategy for handling and denial of disability benefit claims. We have some tips which may help you to secure disability benefits. https://www.youtube.com/watch?v=bxid4j9cS5E…

Disability Insurance Claims Law Blog

Can I collect disability insurance benefits if my professional license is suspended?

By Gregory Dell on March 15, 2019

Disability insurance attorneys Gregory Dell & Cesar Gavidia discuss “factual disability” versus “legal disability” for occupations that require a license to practice such as lawyers, chiropractors, financial planners, or doctors. https://www.youtube.com/watch?v=jScGEVd0-Cw…

Disability Insurance Claims Law Blog

Court Holds Substantial Evidence Supports Aetna’s Denial of LTD Benefits

By Gregory Dell on January 30, 2019

In Colon L. Carter v. Aetna Life Insurance Company, the U.S. District Court for the District of Maine held that Aetna did not act arbitrarily and capriciously in denying Plaintiff’s claim for long term disability (LTD) benefits. Specifically, the Court held that “the insurer had a reasonable basis and sufficient evidence to deny the plaintiff’s claim for benefits. The Court therefore grants the insurer’s and denies the plaintiff’s motion for summary judgment.”…

Disability Insurance Claims Law Blog

Court Rules Unum Life Insurance Company Wrongfully Terminated LTD Benefits

By Gregory Dell on January 23, 2019

In Pamela Fleming v. Unum Life Insurance Company of America (Unum), Plaintiff, a litigation attorney, was in a car accident in 1994 and suffered serious injuries to her spine. She never fully recovered and by July 2005, she was only able to work four hours a day and eventually had to completely stop working. In December 2005, Unum approved Plaintiff’s claim for LTD benefits. Through the years, she periodically submitted updated medical records and continued…

Disability Insurance Claims Law Blog

Court Remands to Unum for Review of Plaintiff’s Claim for Death Benefits

By Gregory Dell on January 11, 2019

In Kevin C. McCusker v. Unum Life Insurance Co. of America, Et al., Plaintiff found his wife dead in their house on February 10, 2016. The wife had been employed by Fidelity Bank where she was a participant in a group life and accidental death plan through Fidelity’s employee welfare benefit plan. Plaintiff was named as the beneficiary. Under the plan, “Unum is vested with discretionary authority to make benefit determinations…”…

Disability Insurance Claims Law Blog

Reliance Ordered to Pay Back LTD Benefits to 2013, Using $66,830 Salary, Plus $58,740.00 in Legal Fees

By Gregory Dell on January 3, 2019

In the case of Cheryl L. Wallace v. Reliance Standard Life Insurance Co., the U.S. District Court for the Eastern District of Michigan, Southern Division, previously held that “the administrative record undisputedly reflects that Plaintiff is totally disabled and entitled to LTD benefits under Reliance’s plan.” In the earlier case, the Court also ordered Reliance to pay Plaintiff’s legal fees and also ordered for the parties to meet and try to settle the case between…

Disability Insurance Claims Law Blog

MetLife improperly dismisses evidence of radiculopathy and limits benefits under 24-month Neuromusculoskeletal limitation in LTD Policy

By Gregory Dell on December 21, 2018

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…