Life Insurance Company of North America (“LINA”) was recently ordered to continue paying disability benefits under an ERISA governed Plan. In that case, the our client was employed by UBS as a senior sales brokerage assistant earning over $100,000.00 a year. She left work as a result of a heart condition and fibromyalgia which caused
Disability
Court Orders Aetna to Reinstate Long Term Disability Benefits
Our client was insured under a self-funded long term disability plan which was administered by Aetna Life Insurance Company. Our client filed an LTD claim based on his anxiety, panic disorder and agoraphobia. Aetna initially approved the claim, but later terminated benefits and denied the claim.
We filed suit in Federal Court and the judge…
The Statute of Limitations in ERISA Cases
ERISA – Statute of Limitations
One of the most perplexing issues that arise in ERISA cases is the applicable statute of limitations. The ERISA statute itself does not provide a specific statute of limitations for claims for benefits. Instead, Courts look to the Plan document, the insurance policy, and/or state law in making such a determination. Recently, the Ninth Circuit Court of Appeals dealt with this complex issue. In that case, Nancy Wise, an employee of GTE, was suffering with multiple sclerosis. Despite her affliction, she was able to successfully perform her job. In fact, she left GTE in 1997 and began working for a competitor, Qwest. Thereafter, in 1999, GTE attempted to persuade Ms. Wise to return to GTE. Ms. Wise hesitated leaving her current employer giving her medical condition and her eligibility for full benefits with Qwest. In order to procure her return, GTE promised to “bridge back” to her original employment date her benefits eligibility. In other words, GTE promised that her medical conditions would not be subject to pre-existing condition limitations. Therefore, Ms. Wise returned to GTE.Continue Reading The Statute of Limitations in ERISA Cases
Lawsuit for Disability Benefits Filed on Behalf of a Veterinarian
My client is a veterinarian who became disabled due to cancer and the subsequent grueling treatments. Her disability insurance carrier is New York Life.
Although New York Life has not technically denied the claim they might as well have. Instead of quickly processing the claim, their claims administrator has repeatedly requested the same information time and again. Once…
What to do if Your Disability Insurance Carrier Terminates Your Disability Benefits
You buy short term disability and long term disability insurance in order to protect yourself and your family. In many cases, the insurance company denies the disability claim from the beginning. Other times, the disability insurer approves a claim only to terminate benefits later. As a lawyer for the disabled, I help people with claims that…
Administrative Appeals for Disability Benefits
The Nation Law Firm recently filed an administrative appeal for certain disability benefits under the terms of the Harris Corporation Disability Plan. Plaintiff was successful in this appeal and benefits were reinstated.
The Nation Law Firm recently handled an administrative appeal under an ERISA plan against Principal Life Insurance Company. Plaintiff prevailed in the appeal…
Lawsuits filed for Disability Benefits
We recently filed a lawsuit seeking certain short term disability benefits under the terms of the Federal Express Short Term Disability Plan. Litigation continues.
We also recently filed suit seeking short term disability benefits under the terms of the Blue Cross and Blue Shield of Florida Short Term Disability Plan. Plaintiff was an employee of…
Lawsuit Filed For Credit Disability Benefits
The Nation Law Firm recently filed suit against CUNA Mutual Insurance Society for certain credit disability insurance benefits. (Often borrowers will take out credit disability insurance to pay their loan payments in the event of disability). In this case, our client became disabled and applied for disability benefits. The insurer, CUNA, denied the claim, arguing…
New Long Term Disability Lawsuits Filed
The Nation Law Firm recently filed a complaint seeking disability benefits on behalf of a pastor who became disabled. Suit was filed against Unum Life Insurance Company of America. Although the matter was not governed by ERISA, the case was removed to federal court allegedly based on diversity. Plaintiff is seeking to remand the case…
Suit Filed Against Standard Insurance For Long Term Disability Benefits
I filed suit today against Standard Insurance Company on behalf of a former firefighter whose LTD benefits were recently terminated. After paying LTD benefits for two years, the insurer has advised my client that they are cutting off the benefits. As with most of these cases, if I win, the insurance company must pay all or…