June 2010 Archives

One of the elements of a successful long term disability claim is the ability to demonstrate regular medical care and a treatment regimen consistent with the disability. When examining a claim, long term disability insurance companies will look for a series of office visits, related tests, medications, and a treatment protocol that is consistent with […]

Our client worked as a Nurse Anesthetist for many years, a profession that requires a high degree of precision and manual dexterity. He underwent surgery on his cervical spine in 2006. Unfortunately, the surgery left him with significant weakness and loss of function in his right hand. Without complete control of his hands to perform […]

After representing long term disability insurance claimants for many years, we are familiar with many of the resources used by our insurance opponents. This includes the in-house attorneys, the outside counsel retained when things look grim, and the scores of medical doctors hired by the insurance companies who enjoy the benefits of a simplified practice. […]

A cancer survivor, suffering from also lupus, Hashimoto’s Disease (a thyroid disorder) and obesity, contacted the disability insurance law firm Frankel & Newfield after Prudential denied her long term disability benefits. Our client was a Vice President with a worldwide financial services company, but even her high level executive skills were no match for the […]

The Appeals Court for the Fifth Circuit has issued a strong pro-claimant decision. What makes this decision significant is that the Court acknowledges that Hartford abused its discretion in denying benefits to the plaintiff and in addition to awarding benefits, will also grant payment of attorney’s fees, making this an even better resolution to the […]

Unlike a privately owned Long Term Care Disability Insurance Policy, where you get to choose the policy, the selection of various additional riders or policy enhancements, and the company you purchase it from, most employees have to accept the disability insurance company that their employers have selected. Unless you are high up on the corporate […]

If you have a long term disability insurance policy governed by ERISA, the United States Supreme Court has just handed down a decision in Hardt v. Reliance Standard that is very encouraging to policy owners and the attorneys who represent them. The Supreme Court’s decision is a major victory for ERISA disability insurance claimants and […]