November 2013 Archives

A pediatric radiologist with Bi-Polar disorder was denied disability benefits by Lincoln Financial Group. Lincoln defended its decision to deny her claim with two main arguments: that her condition had not significantly worsened from the time of her initial diagnosis to the date of disability, and that the woman, in her mid 50s, had made […]

A Federal Judge in Pennsylvania was recently asked to determine the nature and scope of discovery in an ERISA disability insurance matter, where the claimant was pursuing the deposition of Aetna’s Senior Appeal Specialist, the person who decided his claim on appeal. Aetna sought to limit the scope of discovery and had pursued a motion […]

1 – A diagnosis alone is not enough to make you disabled in the eyes of the insurance company. They are looking for information in your medical records that clearly states NOT ONLY that you are not able to perform the material duties and tasks of your occupation (or potentially any occupation), but HOW and […]

We are pleased to be the media sponsor of the American Conference Institute’s 16th Litigating Disability Insurance Claims Conference, taking place January 23-24, 2014 at The Carlton Hotel on Madison Avenue in NYC Some highlights from this year’s program: U.S. Airways v. McCutchen New remedies and equitable relief Scope and limitations of discovery Judicial review […]

Clients often ask why Long Term Disability Insurance companies are allowed to deduct their Social Security benefits from disability checks. The history is complicated, but the answer is simple: most disability policies that are purchased through the workplace include a clause that the LTD benefits will be reduced by the amount of money paid by […]