Is the ability to work only on a part-time basis enough to deny disability benefits? The answer is no, according to the 10th U.S. Circuit Court of Appeals. The case of Van Steen v. Life Insurance Company of North America, 2018 WL 256806 (10th Cir., Jan. 2, 2018), involved Carl Van Steen, who worked as […]
Introduction The starting point to keep in mind when analyzing disability insurance claims handling is that both the insurer and the insured share a desire for accurate claims processing so that meritorious claims receive payment. The recent Supreme Court ruling in Metro.Life Ins.Co. v. Glenn 1 reinforced the need for accurate claims processing, 2 and no one who works in […]
Perhaps the most difficult task in evaluating disability benefit claims is assessing the weight to be given to subjective symptoms. In Cline v. Aetna Life Insurance Co., 2017 WL 5490853 (W.D. N.C., Nov. 15, 2017), the court addressed that issue head-on. The plaintiff, Larry Cline, a commercial pilot for Netjets, suffered from lumbar stenosis and […]
DeBofsky, Sherman & Casciari attorney William Reynolds recently won a significant victory on behalf of one of the firm’s clients. In Watson v. Reliance Standard Life Ins. Co., 2017 WL 5418768 (N.D. Ill. November 14, 2017), the court overturned a disability insurer’s finding that Cheryl Watson suffered from a psychiatric impairment; thus, her benefits were limited […]
What does the term “own occupation” mean in disability insurance coverage? The answer to that question was recently provided by a federal court in New Jersey. The case of Patterson v. Aetna Life Insurance Co., 2017 WL 4786562 (D. N.J., Oct. 23, 2017), involved Christopher Patterson, who became disabled in 2007 following spine surgery and […]
Nearly all group long-term disability insurance policies limit the duration of benefit payments for psychiatric conditions to 24 months, while disabilities due to physical impairments are generally payable to age 65 or until the claimant reaches Social Security normal retirement age. In a recent ruling from a federal court in Montana, Sand-Smith v. Liberty Life […]