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...
long term disability
Establishing a disability insurance claim based on PTSD
The challenges of COVID-19 are not limited to contracting the virus and becoming ill. Many people are experiencing extreme stress and even trauma as a result of the pandemic – including first responders, medical personnel, those at greater risk due to advanced age or...
Long-term disability policy interpretation under ERISA
A federal court in Texas recently found in favor of a long-term disability (LTD) claimant whose insurer had terminated his benefits. The March 10 opinion illustrates federal rules for interpreting disability insurance policies. In Chavez v. Standard Insurance Co., the...
Disability Insurance Law Group wins lawsuit and secures disability benefits for claimant suffering from cervical and lumbar pain after MetLife terminated benefits
Our client, Mrs. Y was covered under her employer-provided Short-Term and Long-Term Disability Insurance Policy, issued by Metropolitan Life Insurance Company (“MetLife”). Ultimately, Ms. Y became disabled from her occupation and any occupations due to cervical and...
Legal remedies for private disability insurance claim denials
People acquire disability insurance as a safety net to provide financial support should they become disabled from working. Short- and long-term disability insurance policies fall into two buckets. On one hand, group policies such as those available through employers...
LTD insurer’s failure to disclose key report triggers de novo review
On January 21, an Alabama federal court decided that the proper standard of judicial review in an appeal of a long-term disability insurance benefit termination was “de novo” review. In an appeal of a federal disability insurance denial or termination, the court must...
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...
Pro athletes may face disability insurance claim fights
At our law firm, we represent professional athletes in their claims for disability insurance. Pro athletes are of course at higher risk than most people of serious work injury because of the dangerous nature of high-level athletic performance on a regular basis....
What is a disability insurer’s structural conflict of interest?
A large insurance company that sells short- or long-term disability coverage can intimidate an individual fighting for their rightful benefits after having become disabled. When that insurer decides its own claims internally, rather than outsourcing that...
Female soccer players and disabling brain injury
At , we represent professional athletes in their claims for long-term disability insurance often based on debilitating mental or physical injuries. Obviously, professional sports are not gentle on bodies or brains and disabling injuries can...