Free Consultation 877.583.2524
We do not handle social security disability claims
logo celebrating

Nationwide Leaders in Disability Insurance Law

shook hands

Court Finds Lincoln Life To Have Abused Its Discretion

Friday, December 16th, 2011

A Federal Court in Michigan has recently determined that Lincoln Life abused its discretion when it terminated a claim, finding that Lincoln’s decision making process was lacking in terms of analysis of the evidence. The claimant had provided extensive evidence documenting a history of back pain, along with objective testing which supported the impairments in functionality.

The Court also took issue with Lincoln’s reliance upon a file review which was conclusory and lacked meaningful consideration of the evidence, holding that “conclusory and unsupported statements that the documentation was insufficient to support a finding of disability” did not demonstrate a deliberate and principled decision-making process.

The Court thus awarded the claimant his back benefits.

All too often, insurers rely upon file only reviewing doctors, who are regularly used by them to support the denial or termination of claims. These opinions are often lacking meaningful analysis of the medical evidence, and are often simply an outright rejection of the medical evidence.

Peshke v. Lincoln Life

Categories

Archives

Ready To Talk?

Fill out the form to request a FREE legal consultation

Sorry, we do not handle SSDI/Social Security claims.

Frankel & Newfield does not currently handle any Social Security Disability Insurance claims.

CLOSE

*Required fields are marked

I have read the disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

CLOSE

This is about a Social Security Disability claim.

Ipad image

Download Our Free eBook

FILING A DISABILITY INSURANCE CLAIM

Secrets the Disability Insurance Companies Don't Want You to know! Download Now

HELPING THE DISABLED NATIONWIDE

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

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

Contact us today for our nationwide service.

CHAT
NOW