Frankel & Newfield, P.C.

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

Call for a Free Consult 866-504-8773
WE DO NOT HANDLE SOCIAL SECURITY DISABILITY CLAIMS

Mutual of Omaha's Long Term Disability Determination Overturned

A Federal Judge has overturned a long term disability insurance claim, finding that Mutual of Omaha acted improperly in terminating a claim on the basis of a lack of significant change in the disability insurance claimant's condition prior to the claim filing.

The claimant suffered a number of co-morbid medical conditions, several of which she had suffered from for some time, and Mutual of Omaha, relying upon an nurse review and its own in house doctor's conclusions, determined that the medical evidence did not demonstrate an impairment of sufficient severity to accept the claim.

The Court, in overturning Mutual of Omaha's decision, noted that Mutual of Omaha's minimal analysis of the medical evidence, improperly focused upon the symptoms the claimant did not exhibit, instead of focusing upon the symptoms she did exhibit and then analyzing how these symptoms impacted her functionality. The Court was also disturbed by the lack of consideration of the side effects of medications, and how they might impact upon her ability to work. Lastly, the Court found Mutual of Omaha's consideration of the claimant's medical support to be woefully lacking.

Carpenter v. Mutual of Omaha

Download Our Free Ebook

E-book Download Book
Super Lawyers | Justin AV Preeminent | Justin Avvo | 10.0 | Top Attorney | Justin Super Lawyers | Jason AV Preeminent | Jason Avvo | 9.8 | Top Attorney | Jason

HELPING THE DISABLED NATIONWIDE

  • tick

    No matter where you are nationwide, we are here to help.

  • tick

    We have the resources and support to take on the largest insurance companies.

  • tick

    Contact us today for our nationwide service. Contact Us

FN

Frankel & Newfield, P.C.
585 Stewart Avenue
Suite 312
Garden City, NY 11530

Toll Free: 866-504-8773
Fax: 516-222-0513
Map & Directions