Before you submit an appeal of your group short-term ("STD") or long-term ("LTD") disability claim, it is essential that you understand your obligations and rights under the applicable law. What you do not know, could hurt you!Most group STD and LTD claims that you...
short term disability
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...
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...
Inability to Perform an Essential Duty is Total Disability
When faced with a disability claim, the definition and interpretation of "totally disabled" under your assigned plan is central to the outcome of your claim. As portrayed in Derichs v. AT&T Services, Inc., a recent US District Court for the District of Kansas...
The reason why short-term policies cost less
Individuals in Florida and throughout the country are eligible to buy health insurance through the Affordable Care Act (ACA). About 80 percent of those who buy policies through the ACA receive subsidies to make their policies more affordable. As part of changes to the...
The Athletics of a Physician’s Duties May Cause Disability
An interesting article published in ACS Surgery News compares surgeons to athletes and discusses how surgery is a performance sport that often requires strength and grace.See...
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...
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...
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...