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Home | Disability Case Summaries | Page 4

Disability Case Summaries

Diaz v. Liberty Life – Court Rules LTD Claim Denial Was Supported

January 6, 2021 // by Nick Ortiz

In this case, David Diaz (“Diaz”) was the district manager at JM Family Enterprises, Inc. (“JM Family Enterprises”) between September 2010 and October 2015. JM Family Enterprises’ had an employee benefit plan which covered long-term disability benefits. This plan was insured by Liberty Life Assurance Company of Boston (“Liberty”). Under the plan, …

Read moreDiaz v. Liberty Life – Court Rules LTD Claim Denial Was Supported
Category: Disability Case Summaries
Tags: Liberty Mutual

Deroo v. Unum – Court Rules Job Suitable For Claimant Doesn’t Exist

January 6, 2021 // by Nick Ortiz

Carianne Deroo (“Deroo”) worked as an employee for Beaumont Hospital as a Clinical Nurse II. This role involved full-time work as a registered nurse which required patient care. Through her employment with Beaumont Hospital, Deroo was covered by a long-term disability benefits policy which was administered by Unum Life Insurance Company of America …

Read moreDeroo v. Unum – Court Rules Job Suitable For Claimant Doesn’t Exist
Category: Disability Case Summaries
Tags: Unum

Counts v. United Of Omaha – Court Rules United Of Omaha Must Pay Benefits

January 6, 2021 // by Nick Ortiz

Brenda Counts (“Counts”) previously worked as an employee of Denver Wholesale Florist-Flint as a flower sales specialist. Her job title was formally known as “Inside Sales Associate” which required “making sales calls, pulling product[,] and packing.” Through her job, she held a disability insurance policy with United of Omaha Life Insurance …

Read moreCounts v. United Of Omaha – Court Rules United Of Omaha Must Pay Benefits
Category: Disability Case Summaries
Tags: Mutual of Omaha

Conner v. Sedgwick – Court Finds Claim Denial Was Reasonable And Supported

January 6, 2021 // by Nick Ortiz

Lisa Conner (“Conner”) was a perioperative nurse at St. Vincent’s Medical Center. Through her employment, she held a policy under the Ascension Health (“Ascension”) Long-Term Disability plan. Sedgwick administered this plan. The language of the plan explained that: On May 20, 2013, Conner was in a car accident that left her …

Read moreConner v. Sedgwick – Court Finds Claim Denial Was Reasonable And Supported
Category: Disability Case Summaries
Tags: Sedgwick

Benson v. Hartford – Court Affirms Hartford LTD Claim Denial

January 6, 2021 // by Nick Ortiz

Keyton Benson (“Benson”) was employed by Tower Hill Insurance Group. Through his employer, Benson was eligible for long-term disability benefits through a policy issued by Hartford Life & Accident Insurance Company (“Hartford”). The policy language states that it will provide a policyholder with monthly payments if he has: In addition, the …

Read moreBenson v. Hartford – Court Affirms Hartford LTD Claim Denial
Category: Disability Case Summaries
Tags: Hartford

Santana-Diaz v. MetLife – Court Rules “Clinical” Is Not An Ambiguous Term

June 29, 2020 // by Nick Ortiz

MetLife forwarded responses from Santana’s treating physicians to Dr. Simon, an “independent physician,” who reviewed them and concluded that the MRI was normal for a person of Santana’s age and that Santana had still failed to submit clinical evidence showing that he had either radiculopathy or any limitations due to neuropathy. By a letter dated …

Read moreSantana-Diaz v. MetLife – Court Rules “Clinical” Is Not An Ambiguous Term
Category: Disability Case Summaries
Tags: MetLife

Rouleau v. Liberty Life – Court Assigns No Weight To Surveillance Video

June 29, 2020 // by Nick Ortiz

None of Liberty’s arguments persuade the Court that denying long-term disability benefits to Ms. Rouleau is appropriate. The preponderance of the evidence – indeed, the great weight of the evidence – reflects that Ms. Rouleau remained “disabled” as the Policy defines it even after the expiration of the “own occupation” period and is therefore …

Read moreRouleau v. Liberty Life – Court Assigns No Weight To Surveillance Video
Category: Disability Case Summaries
Tags: Liberty Mutual

Carson v. Unum – Court Rules File-Only Review Is Sufficient

May 18, 2020 // by Nick Ortiz

Drew A. Carson (“Carson”) was an attorney employed by Miller Goler Faeges LLP. Through his employment, he was covered by a long-term disability benefits plan which was administered by Unum Life Insurance Company of America (“Unum”). The plan explained that:  “‘Disability’ and ‘disabled’ mean that because of injury or sickness:  Further, proof …

Read moreCarson v. Unum – Court Rules File-Only Review Is Sufficient
Category: Disability Case Summaries
Tags: Unum

Zaeske v. Liberty Life – Appeals Court Reverses District Court Decision And Denies Claim

May 11, 2020 // by Nick Ortiz

The case summarized here involves Damon Zaeske (“Zaeske”), who was a project manager employed by Walmart. He ceased working on April 4, 2014, as a result of chronic back pain. Walmart’s insurance plan was underwritten by Liberty Life Assurance Company of Boston (“Liberty Life”); Zaeske applied for long-term disability (LTD) …

Read moreZaeske v. Liberty Life – Appeals Court Reverses District Court Decision And Denies Claim
Category: Disability Case Summaries
Tags: Liberty Mutual

Mozdziers v. Aetna – Video Surveillance Supports LTD Claim Denial

May 11, 2020 // by Nick Ortiz

In Mozdzierz v. Aetna Life Insurance Company, the plaintiff (claimant) seeks long-term disability benefits from Aetna, the insurer of his ERISA-governed long-term disability plan. The Federal District Court (for the Eastern District of Pennsylvania) found that Aetna did not abuse its discretion in denying plaintiff’s …

Read moreMozdziers v. Aetna – Video Surveillance Supports LTD Claim Denial
Category: Disability Case Summaries
Tags: Aetna

Young v. Aetna – Aetna Committed Abuse Of Discretion In Denying LTD Claim

May 8, 2020 // by Nick Ortiz

The Court granted Plaintiff’s Motion for Summary Judgment: “As explained above, I have identified three primary reasons for determining that Aetna abused its discretion in denying Plaintiff’s benefits: Inappropriate reliance on unreliable findings by Drs. Topper, McPhee, and Polanco; failure to address Plaintiff’s qualifications and ability to …

Read moreYoung v. Aetna – Aetna Committed Abuse Of Discretion In Denying LTD Claim
Category: Disability Case Summaries
Tags: Aetna

Sumpter v. MetLife – Court Rules LTD Lawsuit Is Frivolous

May 7, 2020 // by Nick Ortiz

In granting summary judgment for MetLife, the district court reasoned that when Sumpter became disabled, Delphi’s plan did not provide the benefit he sought and that he was not entitled to equitable relief. The U.S. Court of Appeals for the Seventh Circuit upheld this decision.

Read moreSumpter v. MetLife – Court Rules LTD Lawsuit Is Frivolous
Category: Disability Case Summaries
Tags: MetLife

Gilmore v. Liberty Life – Court Finds No Reason To Doubt Claimant’s Credibility

May 7, 2020 // by Nick Ortiz

In this case, the plaintiff noted that the Policy’s states that “‘Proof’ means the evidence in support of a claim for benefits and includes, but is not limited to, the following.” Plaintiff thus argued that, while objective medical evidence may be sufficient to support a disability claim, it was not necessary to do so.

Read moreGilmore v. Liberty Life – Court Finds No Reason To Doubt Claimant’s Credibility
Category: Disability Case Summaries
Tags: Liberty Mutual

Glenn v. MetLife – Understanding How Courts Evaluate Long-Term Disability Lawsuits

May 5, 2020 // by Nick Ortiz

A court must take into consideration the conflict of interest inherent in a benefits system in which the entity that pays the long-term disability benefits maintains discretionary control over the ultimate benefits decision. This is done by weighing the structural conflict as one of the many factors relevant to the benefits …

Read moreGlenn v. MetLife – Understanding How Courts Evaluate Long-Term Disability Lawsuits
Category: Disability Case Summaries
Tags: MetLife

Potter v. Unum – Insurance Saleswoman Denied Disability After Selling Millions In Disability Insurance Policies

May 5, 2020 // by Nick Ortiz

One of the hardest things I must explain to clients is how the insurance company does not care about the client’s disabling condition. Disability insurance companies are for-profit corporations constantly seeking ways to increase their bottom lines. More often than not, they accomplish this by denying long-term disability claims. In this …

Read morePotter v. Unum – Insurance Saleswoman Denied Disability After Selling Millions In Disability Insurance Policies
Category: Disability Case Summaries
Tags: Unum

Wittman v. Unum – LTD Denial Not Arbitrary And Capricious

May 4, 2020 // by Nick Ortiz

Anne Wittmann (“Wittmann”) was an attorney at Baker, Donelson, Bearman, Caldwell, Berkowitz PC (“Baker Donelson”). Unum Life Insurance Company of America (“Unum”) administered and underwrote the long-term disability (LTD) plan that covered Wittmann. Wittmann filed a claim for disability benefits on April 7, 2014, since she had not worked from …

Read moreWittman v. Unum – LTD Denial Not Arbitrary And Capricious
Category: Disability Case Summaries
Tags: Unum

Bigham v. Liberty Life – With De Novo Review Court Should Conduct Bench Trial On The Record

May 4, 2020 // by Nick Ortiz

Rose Bigham, a Security Technical Program Manager at Amazon, filed suit after Liberty Life terminated her long-term disability benefits despite diagnoses of fibromyalgia, chronic pain, and degenerative disc disease. The court found that medical evidence from her treating physicians clearly supported her inability to perform the cognitive and …

Read moreBigham v. Liberty Life – With De Novo Review Court Should Conduct Bench Trial On The Record
Category: Disability Case Summaries
Tags: Liberty Mutual

Williams v. Standard – Court Rules In Favor Of Standard

May 4, 2020 // by Nick Ortiz

Defendant advances two grounds for terminating the plaintiff’s long-term disability benefits. First, the defendant contends the plaintiff does not qualify for an exception to the “Other Limited Conditions” provision under the Plan because he does not have a herniated disc with documented neurological abnormalities. Second, the defendant claims the …

Read moreWilliams v. Standard – Court Rules In Favor Of Standard
Category: Disability Case Summaries
Tags: The Standard

Wilkinson v. Sun Life – Sun Life Abused Its Discretion By Denying Benefits

May 4, 2020 // by Nick Ortiz

The Fourth Circuit held that Sun Life abused its discretion when it terminated Wilkinson’s benefits because he provided sufficient evidence to support his eligibility for coverage and because Sun Life’s decision to terminate benefits was not the result of a principled reasoning process and not supported by substantial evidence. The Fourth Circuit, …

Read moreWilkinson v. Sun Life – Sun Life Abused Its Discretion By Denying Benefits
Category: Disability Case Summaries
Tags: Sun Life

Till v. Lincoln – Claimant Failed To Provide Adequate Documentation To Support Claim

April 30, 2020 // by Nick Ortiz

Lincoln denied the Plaintiff’s LTD claim. The plaintiff filed a lawsuit in Federal Court. Lincoln filed a motion for judgment as a matter of law, to which Till responded with a motion for summary judgment. After a full briefing, the district court entered an order granting Lincoln’s motion and denying Till’s. The district court also subsequently …

Read moreTill v. Lincoln – Claimant Failed To Provide Adequate Documentation To Support Claim
Category: Disability Case Summaries
Tags: Lincoln

Smith v. Reliance Standard – Reliance Standard Committed Abuse Of Discretion

April 30, 2020 // by Nick Ortiz

In this case, Fredrick Smith (“Smith”) was employed as a plant manager for Charles Craft, Inc. (“Craft”) reaching back to the 1970’s. Through his job, he held group policies with Reliance Standard Life Insurance Company (“Reliance Standard”). Two of these polices included a long-term disability benefits plan and a life insurance policy. If an …

Read moreSmith v. Reliance Standard – Reliance Standard Committed Abuse Of Discretion
Category: Disability Case Summaries
Tags: Reliance Standard

Mayer v. Mercy And LINA – Court Cannot Determine If Disability Plan Is A Church Plan

April 30, 2020 // by Nick Ortiz

Ursula Mayer (“Mayer”) was an employee of Mercy Health Services, LLC (“Mercy”) and was covered under a long-term disability insurance policy that was issued by Cigna Group Insurance (“Cigna”). She claimed that she was totally disabled according to the definition within the policy, that she applied for benefits with Cigna, and that her claim was …

Read moreMayer v. Mercy And LINA – Court Cannot Determine If Disability Plan Is A Church Plan
Category: Disability Case Summaries
Tags: Cigna, Life Insurance Company of North America (LINA)

Tash v. MetLife – Court Finds MetLife Subverted ERISA Process

April 30, 2020 // by Nick Ortiz

The Court held that MetLife undermined the ERISA process by failing to issue a proper denial and, further, by failing to notify the insured about the issues in dispute. The Court ordered MetLife to pay past-due benefits, with interest, and to continue paying benefits so long as they continue to remain due under the provisions of the Plan, unless …

Read moreTash v. MetLife – Court Finds MetLife Subverted ERISA Process
Category: Disability Case Summaries
Tags: MetLife

Slaton v. Standard – Claimant’s Failure To Report Symptoms Led To Claim Denial

April 29, 2020 // by Nick Ortiz

The Court concluded that Defendant did not act in an arbitrary and capricious manner in denying Plaintiff’s claim for long-term disability benefits. Accordingly, the Court overruled Plaintiff’s Motion for Judgment on the Administrative Record, and sustained Defendant’s Motion for Entry of Judgment on the Administrative Record.

Read moreSlaton v. Standard – Claimant’s Failure To Report Symptoms Led To Claim Denial
Category: Disability Case Summaries
Tags: The Standard
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