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 […]
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 However, a recent non-precedential ruling issued by the 11th U.S. Circuit Court of Appeals, Bradshaw v. Reliance Standard Life Insurance Co., 2017 WL 3774536 (11th Cir., Aug.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 […]