Frankel & Newfield, P.C.

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

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April 2013 Archives

Disability and the Recovery

The Wall Street Journal reports that the unexpected and vast number of workers who applied for and received Social Security disability in recent years poses a threat to the national economy in lost wages and taxes. What we found more interesting was a sidebar article, Fewer Out for Good in Private Plan.

Court Finds CIGNA to Be Arbitrary and Capricious

A Federal Court in Ohio has issued a decision granting the application of a claimant with a long term disability insurance claim, finding that CIGNA's denial of the claim was arbitrary and capricious. The Court chastised CIGNA for relying upon isolated office visit notes, one of which noted the claimant was "doing well". The Court correctly determined that such a statement is merely relative, and that it offered no evidence of the claimant's ability to work.

Resolve a Four Year Delay in Unum Lump Sum Settlement

After four years, our client, a 56 year old man living in Maryland, was mentally exhausted from battling with disability insurance giant UNUM. He wanted a lump sum settlement so that he could be freed from a life of worrying about surveillance, continuing medical exams, and all of the various types of intrusions that are conducted as part of the regular course of business by disability insurance companies. He was sent to Frankel & Newfield by a well-known disability consultant, and spoke with Jason Newfield about his situation.

Judge Determines Hartford Abused Its Discretion in Long Term Disability Termination

A New York Federal Judge has reversed a determination made by Hartford Insurance Company to terminate benefits to a woman suffering from Multiple Sclerosis. The Court determined that Hartford had abused its discretion in terminating the claim, where it based its decision upon its typical claimant approach -- "finding" inconsistencies in the record, assigning the file to its Special Investigations Unit, conducting surveillance, and having a field representative interview the claimant, coupled with a paper only physician review by a well known insurance pandering doctor.

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