Blog Archive
Arizona Court Reverses Provident’s Denial of ERISA Disability Benefits in Chronic Fatigue Syndrome Case
A district court found in favor of a CFIDS ERISA claimant, and against Provident’s conclusion that the claimant could perform “any occupation” based on its Functional Capacity Evaluation (FCE), surveillance, and the fact that the claimant worked after she began...
Florida Court Denies MetLife’s Counterclaim for SSDI Overpayment in ERISA Long Term Disability Claim
Existing ERISA law regarding equitable liens provides that only an “identifiable fund” of money can be recovered since ERISA is an equitable statute and does not allow recovery of pure money damages. Based on such ERISA tenet, a Middle District of Florida court denied...
Court Punts in the Face of CIGNA’s Disregard of LTD Claimant’s SSDI Award
An Illinois district court, after remand by the Seventh Circuit, recognized that CIGNA’s disregard of an ERISA claimant’s award of SSDI benefits, after providing an advocate to the long term disability claimant to secure the same, added weight to the notion that CIGNA...
Court Finds that LINA Abused its Discretion in Denying Long Term Disability Benefits But Will Hold an ERISA Trial
Yesterday, a Court out of Missouri found that Life Insurance Company of North America (LINA) was arbitrary and capricious in denying the Plaintiff’s long term disability claim due to an unreasonable misinterpretation and selective review of the medical evidence....
First Circuit Finds Sporadic Activities Observed Via Surveillance Supports Denial of Long Term Disability- Fibromyalgia Claim
On January 14, 2010, the First Circuit upheld Liberty Life Assurance Company of Boston’s termination of a fibromyalgia claimant’s long term disability benefits based on multiple rounds of surveillance that showed sporadic activities over the course of several days....
Long Term Disability Denial Upheld Due to Failure to Provide Objective Evidence During the Elimination Period
A Regional Quality Insurance Nurse, responsible for ensuring that all nursing practice standards at multiple facilities met with state and federal guidelines, was denied disability benefits by Unum despite results of neuropsychological testing that showed gross...
The Ninth Holds Hartford’s Claim Tactics Show its Conflict of Interest Improperly Motivated Long Term Disability Determination
The Ninth Circuit reversed a long-term disability denial by Hartford Life Insurance Company based on its “over-reliance” on surveillance in which it “strung together a laundry list of discrete activities over the course of four days” thereby suggesting that the...
Seventh Circuit Does Not Tolerate MetLife’s Refusal to Acknowledge Medical Evidence
Today, December 29, 2009, the Seventh Circuit remanded a case back to MetLife for further assessment of a short-term disability claim for failure to acknowledge objective evidence reported during the claimant’s Functional Capacity Evaluation (FCE), and other...
Unum Wins Against HIV Fatigued Client
On December 16, 2009, a district court in Illinois ruled that Unum was not “downright unreasonable” in terminating an HIV claimant’s long-term disability benefits, despite reported fatigue, vision problems and diarrhea. The Court found that the Plaintiff was not...
Court Calls Unum Out on Empty FCE Findings and Failure to Consider Side Effects From Meds
On December 11, 2009, a district court out of Arkansas ordered Unum to reinstate a claimant’s long-term disability benefits that she had been receiving as a result of degenerative disc disease including arthritis and carpal tunnel syndrome. Although the Court reviewed...