Frankel & Newfield, P.C.

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March 2012 Archives

What to Look for When Buying Disability Insurance

As experienced long term disability insurance policy lawyers, we have a lot of experience with what we call the "critical points" of a disability insurance policy - the provisions in the policies that tend to be the major points of contention and concern. These are the top ones to look for when considering the purchase of a private policy.

Federal Court Finds CIGNA Abused Its Discretion in Denying LTD Claim

Another judge has criticized CIGNA for its claim handling of long term disability insurance claimants, determining that the decision to deny benefits to a man suffering from significant orthopedic impairments was an abuse of its discretion. The Court rested its determination upon a number of commonly seen tactics from CIGNA, and ultimately found that the claim review process was flawed and that the claimant was not afforded a full and fair review of his claim.

Long Term Disability Claimant Awarded Benefits Following Court Review of Remand

A Federal judge has awarded benefits to a long term disability insurance claimant, whose claim had previously been before the Court. Originally, the Court remanded the claim back to the administrator to properly consider the claim, including evidence supporting impairment, to include the Social Security determination and other evidence.

Should you undergo a FCE at the insurance carrier's request?

A growing trend seen in long term disability insurance claims is an insurers' request for a claimant to undergo a Functional Capacity Evaluation ("FCE"). However, for several reasons, attending an FCE may be harmful to your claim. And, many policies do not have any contractual language obligating claimants to attend. Even those that may require a claimant's attendance at an FCE may still permit a claimant to object.

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