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Ortiz Law Firm | National Disability Law Firm
Ortiz Law Firm is dedicated to helping people recover the disability benefits they deserve. We handle group Long Term Disability (LTD) claims, individual disability insurance policy claims, ERISA disability claims, and Social Security Disability claims.
In the instant case, Julissa Bradshaw (“Bradshaw”) was a medical biller for Pyramid Healthcare Solutions, Inc. (“Pyramid”). She held a policy through Reliance Standard Life Insurance Company (“Reliance Standard”) for both short-term and long-term disability coverage. Her coverage under this policy began on May 1, 2013. When Bradshaw was hired by Pyramid, she was several weeks into a pregnancy. She …
In this case, the court found that the evidence MetLife received in 2014, and in 2015 after Black appealed MetLife’s initial denial, showed that Black’s physical condition had in fact improved sufficiently to allow her to perform sedentary work
The Court found that ERISA preempts Ms. Bey’s state law claims and that Reliance is entitled to summary judgment in its favor in all respects. Given the thorough review by an independent physician, the Court did not conclude that Reliance acted arbitrarily or capriciously.
In this case, Tiffany Ausler (“Ausler”) worked as a software engineer for Boeing Corporation (“Boeing”). Because she was a Boeing employee, Ausler was covered under both short-term and long-term disability compensation plans where Aetna Life Insurance Company (“Aetna”) was the administrator of the plans. The plan brochure explains that an employee may be eligible for short-term disability benefits …
Charles Buford Arning (“Arning”) was employed full-time by ECMD, Inc. as the President of the Arndt & Herman Building Products Division. Aetna Life Insurance Company (“Aetna”) administered a Long-Term Disability Executives Plan provided to ECMD employees. The Plan’s language provides: “You will be considered disabled while covered under this . . . Plan on the …
In this case, Andrew Scott (“Scott”) was an orthopedic surgeon focusing on sports medicine. His employer had a long-term disability (LTD) plan through Union Security Insurance Company (“Union”). The LTD plan defined “disability” as follows: In October 2012, the Plaintiff had surgery for a rotator cuff injury. As a result, he stopped working as a surgeon. Union then …
Susan Usztics (“Usztics”) was employed as a program manager for MSX International, Inc. Through her employment, she held a short-term disability benefits policy which was administered by Unum Life Insurance Company of America (“Unum”). Her last day of work was February 4, 2014, following which she applied for short-term disability benefits because of fibromyalgia, anxiety, and …
In Zerangue v. Lincoln National, Lena Zerangue (“Zerangue”) filed an ERISA suit against The Lincoln National Life Insurance Company (“Lincoln”) in an attempt to recover long-term disability benefits that she believed she should receive. Because of her employment with Alliance Benefit Partners, Zerangue held policy coverage under both short-term and long-term disability plans. Zerangue pleaded that Lincoln …
In this case, Christopher Draper (“Draper”) worked as a truck driver/courier for Federal Express Corporation (“Fed Ex”). His job duties included doing things such as “maneuvering packages of any weight above 75 lbs. with appropriate equipment and/or assistance from another person.” This claim arose from a denial of Draper’s short-term disability (STD) benefits which originated …
In Burkhead v. Life Insurance Company of North America, the plaintiff filed for short and long-term disability benefits from Life Insurance Company of North America (LINA), the insurer of her ERISA governed plan. In the District Court’s Opinion, the court held that LINA abused its discretion in denying plaintiff benefits under the “own occupation” standard …
Anthony Bowman (“Bowman”) was employed as a Maintenance Mechanic which required the ability to do heavy lifting between fifty and sixty pounds. Injuries throughout his life caused him to have a number of surgeries and resulted in chronic neck and back pain. Bowman also had issues with a sleep disorder and pain medication, which led …
This case involves James Ampe (“Ampe”), a Senior Development and Test Engineer employed by MIT Lincoln Laboratories (“MIT”). Ampe’s job duties included not only traditional electrical engineer work, but also regular client interactions. He was employed by the company from 2008 to January 26, 2015. Around August 2011, Ampe injured himself when he fell and …
In this case, Amanda Foster (“Foster”) worked as an attorney for Sullivan, Stolier & Knight (“Sullivan”) in New Orleans. Her duties involved being able to “review and draft leases and agreements; research and advise clients regarding government laws and regulations; represent clients in administrative appeals; [and] draft compliance plans.” When Foster had been working for …
Aetna’s decision to deny the plaintiff benefits was unsupported by substantial evidence and was, thereby arbitrary and capricious. Aetna gave great weight to the opinions of its own experts and afforded little, to no, weight to the plaintiff’s own physicians. Under the circumstances, the plaintiff’s physicians—who had been treating him for several years—would be better able to recommend health and safety conditions than doctors who simply reviewed his medical files.
The Court determined that Unum came to a reasonable decision after a principled decision-making process. Although the Court may have reached a different conclusion independently, Unum did not abuse its discretion in denying Allen’s claim for long-term disability benefits.
If you have a long-term disability insurance claim that has been managed by Aetna, and now letters are coming to you on letterhead from the Hartford, do not be alarmed. That’s because Hartford entered into a definitive agreement to acquire Aetna’s U.S. group life and disability business in October 2017. This means that Hartford has …