March 2011 Archives

We have long advised clients that participating in social media like Facebook, LinkedIn or Twitter while on claim or in litigation for a long term disability insurance claim can have serious repercussions. A decision before a federal judge in a case concerning Social Security disability benefits turned on the plaintiff’s profile photo on her Facebook […]

Met Life, one of the largest insurers of ERISA long term disability insurance claims, has been found to have abused its discretion in terminating benefits to a Verizon employee, once her claim was reviewed under the any occupation definition of disability. Plaintiff was employed as a Customer Account Manager for Verizon, from 2000 until August […]

A Federal District Court judge has found UNUM to have abused its discretion in terminating long term disability insurance benefits to a claimant, who was on a disability claim for orthopedic difficulties following a motor vehicle accident. The Court determined that UNUM failed to adequately consider the nature of the claimant’s occupational duties, instead simply […]

One of the most challenging aspects of disability insurance claim litigation is that the case can literally turn based upon what legal standard a court chooses to apply. These cases often would be claimant victories if a Judge was decided the case on a de novo standard of review (meaning a full review of the […]

One of the more frustrating aspects of ERISA disability insurance practice is where insurers are not taken to task more forcefully where they fail to comply with ERISA and the regulations governing ERISA disability claim. As one example, an insurer is obligated to issue a benefit determination on an appeal of a claimant’s adverse benefit […]

A local Judge in the Eastern District of New York has found that CIGNA’s claim handling was flawed, with numerous indicia of biased administration of plaintiff’s long term disability insurance claim. The Court was troubled by CIGNA’s improper selective review of what medical information to consider, as well as CIGNA’s failure to consider the Social […]

Two years ago, a study found a link between XMRV, a retrovirus, and Chronic Fatigue Syndrome. A recent article in the

An Ohio Federal Court recently ordered a claimant to be reinstated to active benefits, where she suffered from dumping syndrome, and chronic fatigue, following treatment for cancer. Hartford had terminated her claim at the transition of disability from own occupation to any occupation benefits. Hartford, as is very typical of its claim handling, relied upon […]

A recent case reveals that it is often worse to have a third party administrator reviewing and considering eligibility for long term disability insurance benefits than it is to have an insurance company considering the claim. Sedgwick Claims Management Services is such an entity, and their conduct has been criticized by one recent court. However, […]