Disability Insurance Claims Law Blog

Keeping Disability Insurance Companies Honest and Helping Claimants Collect LTD or STD Benefits

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By: Dell & Schaefer PA

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Gregory Dell

Latest from Disability Insurance Claims Law Blog

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.…
The Plaintiff in Ricky D. Hayes v. Dearborn National Life Insurance Company worked for F.A. Richards & Associates Incorporated as an adjuster for approximately 11 years when he became unable to perform the duties of his own occupation. He was awarded long-term disability benefits based on his diagnoses of depression, anxiety, and a sleep disorder. Dearborn informed Plaintiff on several occasions, in writing, that since his disabling conditions were mental disorders, he was only eligible…
Resolved Case: Cigna reinstates the benefits of a former Sales Representative with chronic back pain following an appeal submitted by Attorney Stephen Jessup. Cigna Overturns Denial of Long Term Disability Benefits On Appeal Resolved Case: Disabled Account Manager that was denied Long-Term Disability benefits by CIGNA is on claim after Dell & Schaefer Appeal. Life Insurance Company of North America (CIGNA) overturned previous denial of long term disability benefits for New Jersey Account Manager Resolved…
Disability Insurance News: Appeals Court upholds Virginia court’s ruling that Hartford correctly terminated long term disability benefits to medical transcriptionist who had painful arm. Appeals Court Upholds Hartford’s Termination of Disability Benefits Resolved Cases: Cigna Overturns Denial of LTD Benefits to Maintenance Supervisor previously employed with Checkpoint Systems, Inc., who had a history of 7 spinal surgeries. Cigna Overturns Denial of LTD Benefits for Maintenance Supervisor Suffering from Serious Back Issues Resolved Cases: After initially…
In the case of Michael J. Pacquin v. Prudential Insurance Company of America, Plaintiff Pacquin, a Business Development Director for Transistor Devices, Inc. (TDI), was infected with the West Nile Virus in 2003. As a result, he contracted encephalitis and sustained brain damage. This left him with cognitive difficulties that made it impossible for him to continue his employment. He was covered under a disability insurance policy which provided him benefits for the first 24…