February 2009 Archives

Claimants are often surprised to learn that their disability insurance company has failed to consider the travel required in one’s employment when considering the occupational requirements in a claim. One Court has found UNUM’s conduct to be an abuse of discretion in failing to adequately consider evidence of a claimant’s work requiring him to travel, […]

One of the common investigative tools utilized by insurance companies in an effort to terminate long term disability claims is surveillance, whereby the insurer seeks to observe a claimant and capture activity which it determines is inconsistent with the claimed limitations of an insured. A recent case from the Fifth Circuit Court of Appeals (Texas) […]

Where a claimant suffers from a condition that is not readily diagnosed by objective testing, there is often great difficulty in having the insurers accept liability of the claim.  Some of the more common symptoms faced with these problems include claims of fibromyalgia, chronic fatigue syndrome, depression, and even cases of rheumatoid arthritis or back […]

There are several investigative tools used by insurers on disability claims, including IME’s (Independent Medical Examinations), FCE’s (Functional Capacity Evaluations), Peer Reviews, Field Investigations, and Surveillance.   The insurer has a contractual right to compel a claimant to undergo an IME, and in most circumstances, a claimant has the obligation to attend an examination.   However, certain […]

Justin C. Frankel and Jason Newfield have authored an article entitled “Strategies For Navigating Disability Insurance Claims” which appears in the January/February 2009 issue of The Journal of Medical Practice Management.  The article provides fundamental information about filing a long term disability claim, the issues that often arise in the claims process, and the potential […]

Insurance companies employ a variety of claim handling techniques when seeking to wrongfully terminate a claimant from continued benefits.  Fortunately, some courts are beginning to see through such conduct. CIGNA has once again seen its claim handling of long term disability claims chastised by a Federal Court.  The decision, Alfano v. CIGNA Life Insurance, from […]

Jason Newfield is honored to have once again been invited to present to his colleagues at the June 2009 American Conference Institute’s 12th National Advanced Forum on Litigating Disability Insurance Claims. His presentation is entitled “A Circuit-by-Circuit Analysis of Met Life v. Glenn Interpretations and How to Adapt Your Litigation Strategies in Response.” He is […]