Posts tagged Disability Insurance Denial

• Beware of any Group Disability Policy

  Ben Glass | June 15, 2009 1:57 PM | 0 CommentsNorthern Virginia, VA Category: Miscellaneous
  

  Many professional athletes find themselves doing battle with their sports group disability plan insurance carrier. In 2006, an appeals court awarded the estate of former Pittsburgh Steelers...

• Prudential Hit for Denying Disability Benefits

  Ben Glass | March 12, 2007 3:12 PM | 0 CommentsNorthern Virginia, VA Category: Miscellaneous
  

  A jury ordered Prudential Insurance Co. to pay $15.5 million to an woman who was denied her disability benefits. The woman applied for benefits because she suffers from chronic fatigue, fibromyalgia, lupus, and an immune system disorder.One thing that immediately comes to mind is that this wasn't her employer's group disability policy. Those policies are virtually worthless (as explained in my...

• American Dental Hygienist Disability Policy Not Covered by ERISA

  Ben Glass | March 13, 2007 11:13 PM | 0 CommentsNorthern Virginia, VA Category: Miscellaneous
  

  When a dental hygienist sued because her disability insurance claim was denied, the insurance company contended that her claim, bought through the American Dental Hygienist Association, was covered by the federal law of ERISA.Why?Because ERISA gives the insurance company a HUGE advantage--(1) it's decision given deference; (2) no jury trial; (3) no real trial at all; (4) no "real damages" except...

• Aetna's Disability Benefit Termination Thwarted

  Ben Glass | March 17, 2007 1:05 PM | 0 CommentsNorthern Virginia, VA Category: Miscellaneous
  

  In a recent case in federal court the judge ruled that Aetna Life Insurance Company's decision to permanently terminate disability benefits to an employee was wrong and those benefits would be reinstated. Most disability insurance companies will only make payments to you if you are disabled and under the "regular care and attendance" of a physician. Here there was a period of time during which...

• Time to Sue for Disability Claims Clarified in ERISA

  Ben Glass | May 01, 2007 5:53 AM | 0 CommentsNorthern Virginia, VA Category: Miscellaneous
  

  The Fourth Circuit Court of Appeals has answered a very important question for long-term disability claimants: When does the statute of limitations expire when you have been denied benefits.Sun Life Assurance Company of Canada contended that a claimant had failed to file her claim within the time limits set out in the contract. Sun Life's disability insurance policy, like most contained the...

• Prudential Didn't Use Qualified Doctors to Deny Disability Claim

  Ben Glass | March 24, 2008 2:11 PM | 0 CommentsNorthern Virginia, VA Category: Miscellaneous
  

  Graham Harrison, filed for disability benefits under his group long term insurance policy provided by Prudential Insurance Company. He suffered from Tourette Syndrome which prevented him from working on a full time basis. His doctor, a neurologist and specialist in his disease (Tourette Syndrome) had recommended that he consider reducing his work schedule to less than full time to accommodate...

• Another Reason for Long Social Security Claim Delays

  Ben Glass | October 03, 2007 8:05 AM | 0 CommentsNorthern Virginia, VA Category: Miscellaneous
  

  North Carolina Social Security Disability attorney Brent Adams makes and excellent point about long delays in social security disability claims. He quotes an excellent commentary from administrative law judge Ronald Bernoski, writing in the Charlotte Observer.I've got an additional theory. Fraud by the major long-term disability insurance companies. Here's how it works:Most long term disability...

• Another Bold Denial by a Disability Insurance Company

  Ben Glass | November 21, 2006 8:27 PM | 0 CommentsNorthern Virginia, VA Category: Miscellaneous
  

  Long term disability insurance claims are tough. The law is terribly weighted in favor of the insurance companies and Congress won't change the law anytime soon since none of its members fall under ERISA (Officially the Employee Retirement Income Security Act of 1974, unofficilally "the Employee Ripoff and Insurance Company Security Act). That's not enough for some insurance companies, though,...

• Things Just Got Harder for ERISA claimants

  Ben Glass | October 31, 2006 4:26 PM | 1 CommentNorthern Virginia, VA Category: Miscellaneous
  

  Claims for denial of insurance benefits under employer sponsored plans (ERISA) are tough. They are tough because--the insurance company gets the benefit of the doubt--you have to prove they were not just wrong but REALLY wrong--there are no jury trials.... federal judges decide the cases on the record--there is virtually no discovery--you deal with only those documents the insurance company...

• Disability Insurance Provisions to Avoid

  Ben Glass | June 27, 2006 6:22 AM | 0 CommentsNorthern Virginia, VA Category: Miscellaneous
  

  Some disability insurance policies provided by employers aren't worth the paper they are printed on. People are often shocked to find that even though their doctors fully support their disability and, in some cases, they have been awarded disability benefits by the Social Security Administration, their employer's plans are so bad that the insurance company does not have to pay benefits. The...