Different laws apply to each of two types of disability insurance policies. The first kind of policy is governed by the federal law ERISA, short for the Employee Retirement Income Security Act of 1974, which applies to almost all policies offered through employment....
Appealing A Claim Denial
COVID-19 Total Disability and First Responders & Healthcare Workers
For most of the past year, hospital based nurses, doctors, and medical staff as well as first responders have been repeatedly exposed to the traumatizing effects of COVID-19. Watching patients suffer from an illness about which we have little understanding and having...
Unum wrongly denied Long Term Disability as pre-existing condition
Disability insurance policies often ban coverage for disability that stems from pre-existing conditions. In other words, if someone had a medical problem within a specified time frame prior to their effective date of coverage and they became disabled within the first...
Nurse anesthetist taking Fentanyl at work cannot perform job
Kansas City Life Insurance Co. denied the short- and long-term disability applications of a nurse anesthetist who was allegedly taking Fentanyl on the job. The insurer said that the reason the claimant lost his job was a failed drug test after coworkers reported he...
Court uses de novo standard of review when insurer blew deadline
A federal appeals court decided that because a disability insurance plan administrator missed a strict ERISA deadline for issuing a benefits decision on review, the correct standard for the court reviewing the denial of benefits to use is "de novo" rather than...
Man with severe heart condition denied disability by Cigna
When Florida residents have a medical disability that keeps them from working, they often depend on their disability insurance to help them financially survive. Unfortunately, insurance companies sometimes refuse to pay, leaving people between a rock and a hard place....
ERISA Disability Insurance Appeals – Appealing A Long Term Disability Denial
Individuals who receive short term disability and long term disability coverage as a benefit of their employment are often shocked when their insurance carrier unreasonably delays the review and approval of a claim or unjustifiably denies or terminates their...
Aetna Denial Overturned due to Failure to Conduct a Full and Fair Review
Those who have filed insurance related claims have experienced the outcome-driven assessments in which insurance companies typically partake to determine an individual's disability. A recent federal court case, Gorena v. Aetna Life Insurance Company ("Gorena"), is a...
Why was the insurance claim for my eating disorder denied?
It took far too long for the medical community to realize that eating disorders require the same attention, compassion and treatment as any other disease or disorder. It took even longer to understand that there is more than just a physical component to these...
Disability Insurance Law Group Successfully Resolves Cardiac Claim against Disability Insurance Co.
When our client, an attorney, originally hired us to help his with his ERISA long-term disability insurance claim, his claim for disability benefits had already been denied. He had been diagnosed with a cardiac condition and advised by his cardiologist to reduce...