Although the Affordable Care Act, also known as Obamacare, has eliminated health insurers’ exclusion of insureds who have pre-existing conditions, such exclusions remain enforceable in disability insurance policies. However, a recent non-precedential ruling issued by the 11th U.S. Circuit Court of Appeals, Bradshaw v. Reliance Standard Life Insurance Co., 2017 WL 3774536 (11th Cir., Aug. […]
That question was answered in a recently reported federal court ruling from Michigan, Sun v. United of Omaha Life Ins. Co., 2017 WL 3050477 (E.D. Mich. July 19, 2017). The case involved Julia Sun, who worked as a registered nurse caring for quadriplegic patients. After she injured her foot in 2010, and because she also […]
Proving an entitlement to disability benefits on account of headaches can be extremely challenging. Unlike many other disabilities that can be objectively diagnosed by MRI, x-ray, or blood tests, “objective” proof of headaches can be elusive. The proof difficulties can be even more challenging if the benefit plan requires objective medical evidence. How then can […]
Awareness of Post Traumatic Stress Disorder has increased in recent years, especially in light of news reports about veterans and warriors suffering from the condition after serving our country. What many people are not aware of is the fact the PTSD is not solely linked to military service. Any terrifying or traumatic event can serve […]
Although the approval of a claim for disability benefits does not guarantee payment of the claim forever, a recent federal case illustrates the problems insurers may experience when they attempt to terminate benefits without evidence that the claimant’s medical condition has improved. The case of Hart v. Unum Life Insurance Company of America, 2017 WL […]
Many disability insurance policies evaluate an insured’s earning capacity to determine entitlement to benefits. For an insurance company to be able to assess earning capacity, the insured’s education and work experience are critical factors. A recent ruling from the federal court in Chicago, Contreras v. United of Omaha Life Insurance Co., 2017 WL 1493701 (N.D. […]