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. […]
Insurance companies often hire private investigators to find ways to deny or discontinue payment of disability insurance benefits. The tactics that big business uses to develop evidence seems to expand as technology changes. For years, insurance companies have sent investigators to conduct undercover surveillance stake outs, hoping to secure video evidence that a claimant is not really disabled, […]
The value of functional capacity evaluations in establishing entitlement to disability benefits was made evident by Madison v. Greater Georgia Life Insurance Co., 2016 WL 8648862 (N.D. Ga. Dec. 21, 2016), a recent federal court decision from Georgia. The case involved Ricky Madison, a transport driver for an oil company who applied for disability benefits […]
New research indicates that the rate of people experiencing a stroke prior to the age of 55 has increased in recent years. The average age of people experiencing a first-time stroke has dropped by nearly 2.5 years between 2000 and 2012. The study indicates that while the overall stroke rate in the U.S. has decreased, […]
There are some medical conditions that produce such severe pain that only narcotic medication can relieve the distress. In such situations, a question has arisen in several disability insurance cases as to whether taking narcotic pain medication is disabling in and of itself if either licensure issues or strict corporate policies prohibit an employee from […]