Does a claimant seeking disability need to prove the cause of disability to qualify for benefits? According to a recent federal decision from Georgia, the answer is no. Arthur Lesser IV, the plaintiff in Lesser v. Reliance Standard Life Insurance Co., 2019 WL 2416926 (N.D. Ga. June 4, 2019), worked as a software engineer for […]
The outcome of many disability insurance cases depends on the court’s assessment of the claimant’s credibility since symptom complaints are difficult to objectively verify. A ruling from a federal court in New York offers an excellent example. The case of Khan v. Provident Life and Accident Insurance Co., 2019 WL 1970516 (W.D. N.Y., May 3, 2019), involved Dr. Farooq Khan, a neurologist, who complained of joint pain and fatigue that worsened over several years, although an exact diagnosis was elusive.
Does working after suffering an injury invalidate a subsequent disability insurance claim? According to a recent U.S. District Court ruling from Florida, the answer is no. In Kaviani v. Reliance Standard Life Insurance Co., 2019 WL 1759245 (M.D. Fla., March 27, 2019), Kia Kaviani, a dentist, sustained neck injuries in a car accident in 2012. […]
Most people assume that if they become unable to perform their usual work on account of sickness or injury, that they would qualify to receive benefits under their work-sponsored long-term disability insurance coverage. That may not be the case, though. In Nichols v. Reliance Standard Life Ins. Co., 2019 WL 2223614 (5th Cir. May 23, […]
When used appropriately, social media may sometimes prove to be a valuable tool to investigate personal injury and disability insurance claims. However, when an insurer improperly denies a claim for benefits based on an unjustified reliance on social media postings, the claimant may be able to turn the tables on the insurance company. In Williamson […]
In order to ensure justice, the full and fair review process in disability benefits claims must be clearly defined.