Mutual Of Omaha’s Long Term Disability Determination Overturned
Tuesday, March 6th, 2012
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