Frankel & Newfield, P.C.

We Have Recovered Over $100 Million In Claims For Our Clients

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WE DO NOT HANDLE SOCIAL SECURITY DISABILITY CLAIMS

June 2011 Archives

ProHealth.com Invites Questions on Disability Insurance Claims

Frankel & Newfield has published several articles on ProHealth.com, which features articles and information for patients who take an active role in managing their health. The site is particularly focused on people suffering from Fibromyalgia, Chronic Fatigue Syndrome and other chronic illnesses. In our fourth article, we invite visitors to the site to ask about issues they face concerning their Long Term Disability Insurance policies.

Long Term Disability Insurance - What Legal Rights Do You Have?

When you sign up for LTD insurance or purchase private LTD insurance on your own, you are embarking on a legal and contractual relationship. Unfortunately, the policies are complex, even by legal document standards, and are next to impossible for the layperson to easily understand. To make matters worse, policies that are part of an employee benefits package are typically governed by ERISA, the law created to protect employees from unscrupulous employers that has been twisted into a defense wall by insurance company lawyers.

Court Finds Sedgwick Claim Determination to be Arbitrary and Capricious

A Federal Judge in New Jersey has determined that a decision to terminate long term disability insurance benefits to a claimant suffering from lupus, rheumatoid arthritis and other conditions was arbitrary and capricious. The Court undertook an analysis that accounted for a number of case specific factors, taking guidance from the United States Supreme Court's holding in Met Life v. Glenn. Sedgwick is a third party administrator who does not insure the benefits, but rather handles claims for employers as the administrator.

Court Finds CIGNA Arbitrary, Applied Wrong Standard of Disability

A recent decision from the Federal Court in Pennsylvania has chastised CIGNA's claim handling conduct and awarded back benefits to an insured whose claim was terminated by CIGNA based upon its effort to apply the wrong standard of disability. CIGNA terminated the claim on the purported basis that the claimant was able to work in some occupation, despite the fact that her claim was in the own occupation stage. In litigation, CIGNA sought to argue that this was a typographical error, and that it actually applied the own occupation standard.

LONG TERM DISABILITY INSURANCE BENEFITS CLAIM DENIED BY MET LIFE, SUCCESSFULLY APPEALED BY FRANKEL & NEWFIELD DISABILITY LAWYERS

Our client held a highly demanding position in senior management for a large international company. She filed a claim for long term disability insurance benefits with MetLife, suffering from severe depression, anxiety and panic disorder, combined with physical disabilities, including Fibromyalgia and degenerative osteoarthritis, accompanied by pain, fatigue and weakness.

LONG TERM DISABILITY INSURANCE BENEFITS CLAIM DENIED BY MET LIFE, SUCCESSFULLY APPEALED BY FRANKEL & NEWFIELD DISABILITY LAWYERS

Our client held a highly demanding position in senior management for a large international company. She filed a claim for long term disability insurance benefits with MetLife, suffering from severe depression, anxiety and panic disorder, combined with physical disabilities, including Fibromyalgia and degenerative osteoarthritis, accompanied by pain, fatigue and weakness.

When the Doctor is the Patient - Frankel & Newfield Article in American Chiropractic Association News

We are pleased to share an article recently published in ACA NEWS, published by the American Chiropractic Association, the largest professional association in the US representing doctors of Chiropractic. The article explores the concerns and hurdles faced by chiropractors when filing a long-term disability insurance claim, and why filing an LTD claim for yourself is a completely different experience than filing health insurance forms for patients. Justin Frankel and Jason Newfield advise claimants that paying disability claims is expensive to the insurance companies, and disability insurance companies have a vested interest in minimizing their exposure.

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