Throughout the time claimants are eligible for disability benefits and benefits are being paid, claimants are intermittently advised that their claim is being reviewed and that updated information is required. This often indicates that the insurance company is...
Insurance Company Tactics
MetLife Approval of Fibromyalgia and Chronic Fatigue Syndrome Claim
Fibromyalgia and Chronic Fatigue Syndrome, also referred to as Myalgic Encephalomyelitis, are debilitating conditions characterized by feelings of extreme exhaustion, muscle and joint pain, memory problems, brain fog, and problems with concentration. Many of our...
Aetna is Ordered to Provide Discovery Pertaining to All the Facts Available to It at the Time it Denied Disability Benefits, Regarding its Financial Conflict of Interest, and Its Claims Representative’s Communications with Aetna’s In-House Counsel
In a recent case out of the Southern District of Florida, Johnston v. Aetna Life Ins. Co., No. 1720996 2017 WL 4654431 (S.D. Fla. Oct. 16, 2017), the court rejected Aetna's argument that discovery was not permitted, beyond the administrative record assembled and...
Liberty Life’s Wrongful Denial of Disability Benefits for Bipolar Disorder and Carpal Tunnel Syndrome
In the case, Suson v. The PNC Financial Services Group, INC., No. 15-CV-10817, 2017 WL 3234809, at *1 (N.D. Ill. July 31, 2017), Liberty Life Assurance Company of Boston, acting as the Plan administrator for PNC's ERISA disability plan, denied long term disability...
Cigna Continues to Engage in Unreasonable Delay and Denial Tactics of Disability Insurance Claims, Including Alleging that Disabling Conditions are Pre-Existing, After Cigna was Forced to Overturn Denials Under Similar Circumstances
In 2003, Susan Kristoff was diagnosed with breast cancer. After undergoing treatment, it was determined that she was in full remission and cancer free. As a precautionary measure, she was placed on Tamoxifen to prevent the recurrence of cancer in the future. Later,...
Social Media Causes Long-Term Disability Claimant to Lose her Benefits
In a recent case out of the Fifth Circuit Court of Appeals, Davis v. Aetna Life Ins. Co., No. 16-10895, (5th Cir. 2017), the Court found that surveillance footage and social media were a contributing factor to the denial of the claimant's long-term disability...
Disability Insurance Law Group Successfully resolves Long Term Care Claim against Genworth
was hired to assist a 91 year old woman in obtaining the home health care benefits to which she was entitled under her long term care policy with Genworth Insurance Company. After months and months of providing Genworth with information,...
AVOIDING LONG TERM CARE POLICY DELAY TACTICS
Long 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 benefits in what would appear to be a clear effort to avoid paying benefits owed under these...
Did the 2004 Multi-State Settlement Deter Unum Provident From Continued Bad Faith Claims Handling?
Almost 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 of Labor, that cost it in excess of $120 million to comply, required it to reassess...
Own Occupation vs Any Occupation Disability Policy Definitions
Many group and individual disability insurance policies provide protection in the event that a claimant cannot perform the material duties of their Own Occupation ("Own Occupation Period") for a limited period of time (typically 24 months). In many policies, after the...