Court in ERISA appeal finds classic LTD disability insurer cherry-picking Disability insurers have an arsenal of tactics to deny or terminate disability benefit claims. One common tactic is “cherry-picking” in which the insurer or its claims administrator picks...
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Helping People Like You With Their Disability, Life And Long-Term Care Benefit Claims
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Challenges of a disability insurance claim based on anxiety
We are currently having a collective experience that provokes some degree of natural anxiety in almost everyone. However, when the level of anxiety becomes overwhelming, it can prevent a person from being able to work in their occupation. Individuals with a private,...
Disability payments denied on grounds of preexisting condition
Some people in Florida who have long-term care insurance could have their claims denied if the insurer rules that it is related to a preexisting condition. This happened to a woman in Louisiana who had only a 1 percent chance in 2012 that breast cancer would return...
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,...
Court of Appeals Rules Against Reliance Standard Life Insurance Company and Upholds an Award of Disability Insurance Benefits Under ERISA Policy, Costs, and Attorneys’ Fees.
In a recent case, Marcin v. Reliance Standard Life Insurance Company and Mitre Corporation Long Term Disability Insurance Program, No. 16-7125, __F.3d__, 2017 WL 2818648 (D.C. Cir. June 30, 2017), the Court of Appeals for the District of Columbia, ruled against...
Disability Insurance Law Group Appeal Results in MetLife overturning Denial of Benefits for Depression and Anxiety Claim
Our client (Mr. X), a stockbroker in New York, experienced anxiety and major depression as the result of family related issues and the death of his mother after her long battle with cancer. His treating psychiatrist and therapist both advised him to avoid as much...
Is A Physician Who Is No Longer Able To Perform Surgery Totally Disabled Under An Own Occupation Disability Insurance Policy?
Numerous cases exist where a physician who has specialized as a surgeon becomes unable to perform surgical procedures due to injury or illness but remains able to still perform other duties as a physician. Whether or not this is considered a total or residual...
Unum Reports that More Breast Cancer Survivors are Returning to Work After Short Term Disability Leave
On October 4, 2012, **Unum announced that more than twice as many people who have battled breast cancer are returning successfully to work after short term disability leave. Unum explained that in 2009, nearly 64 percent of people on short term disability leave...
Pre-existing Condition Exclusions Are Often Misused by Companies to Deny Disability Insurance Claims
Most every group long-term disability policy will include a complete exclusion for any disabilities caused by a pre-existing condition. Private long-term disability insurance policies purchased by individuals normally also exclude coverage for a pre-existing condition...
Common Deceptive Disability Insurance Company Tactics
Disability insurance companies often employ common insurance company tactics when investigating a claim or claimant. Insurance companies are businesses that profit when insurance claims are not paid. Accordingly, they spend a significant amount of money each year...