A federal appeals court on April 5, 2021, agreed with the trial court that the insurer had denied the short- and long-term disability insurance claimant’s applications wrongly and without the required substantial evidence to do so. Last year, we talked in this space...
nurses
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...
Long-term disability claimant’s debilitating pain had subjective and objective support
The U.S. Court of Appeals for the Sixth Circuit recently held in favor of a long-term disability (LTD) claimant whose insurance company denied his claim based largely on severe, chronic back pain. Disability insurance companies often improperly discount credible...
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...
Liberty Insurance forced by Court to pay LTD Benefits for Anxiety and Bipolar Disorders
In May 2015, Wells Fargo & Company (Wells) hired Rosa Ramirez as a Financial Crimes Specialist. Shortly thereafter, in August 2016, Ms. Ramirez stopped working at Wells after suffering a mental breakdown following an altercation with her manager. Thereafter, due...
Fighting for appropriate benefits for disabled nurses
Florida nurses face complex risks and hazards every time they clock in for work. Health care is an ever-changing and difficult industry, and the men and women who work in this field as nurses may face certain physical risks on the job. Nursing can be hazardous, no...
Traumatic Brain Injury LINA Claim Denial Reversed and found to be Arbitrary and Capricious
In the case of Van Steen v. Life Insurance Company of North America ,WL 256806 (10th Cir. Jan. 2, 2018) the Tenth Circuit, affirmed the district court's decision, finding that Life Insurance Company of North America's decision to terminate Mr. Van Steen's benefits was...
Disability Insurance Law Group Successfully Halts Liberty Mutual’s Attempt to Terminate Disability Benefits with an IME
Ms. "Jones" contacted after being advised by her representative at Liberty Mutual that her claim was being reviewed under the "any occupation" definition of her Long Term Disability Policy. At the time Ms. Jones became disabled she was a...
Reliance Standard Life Insurance Company Denial Tactics Dismissed By Court in ERISA Disability Case
Most individuals who have filed any type of insurance related claim have experienced the delay and denial tactics used by their insurance company to avoid payment. Disability carriers often take extreme and arguably egregious measures to "prove" that a claimant is not...