Disability is not always based on a single medical condition. Many individuals suffer from multiple impairments; and while no single condition may be disabling, the combined co-morbidity of disparate impairments justify an entitlement to disability benefits. That was the lesson taught by Curtis v. Hartford Life & Acc.Ins.Co. 2014 WL 4185233 (N.D.Ill. August 20, 2014) (attached) […]
Can you be working and disabled at the same time? That was the question answered in Mirocha v. Metro.Life Ins.Co., 2014 U.S.Dist.LEXIS 98025 (N.D.Ill. July 18, 2014), which found that even though the plaintiff, Joseph Mirocha, had been discharged from his position as an electrical supervisor at Palos Community Hospital in the Chicago suburbs, he […]
If an insured is making a claim under a disability insurance policy that he or she is unable to perform the duties of their occupation, does the policy require a showing that the claimant is unable to perform all of the job duties or is a showing of an inability to perform any material job […]
In evaluating disability insurance claims, determining the insured’s pre-disability occupation is often a complicated task. Many individuals derive their income from a variety of sources; and courts use two primary approaches in determining whether a person is disabled from performing their own occupation as the following discussion of a recent court ruling decided by a […]
Most group disability insurance policies limit the duration of benefit payments for mental impairments. An interesting ruling out of Pennsylvania focuses on what constitutes a “mental impairment.” In Berkoben v. Aetna Life Insurance Co., 2014 U.S.Dist.LEXIS 39385 (W.D.Pa., Feb. 21), a magistrate judge’s report and recommendation, the court recommended overturning Aetna’s termination of benefits based […]
The plaintiff, Nerses Meguerditchian, was initially employed by FedEx in 1991 as a technician who repaired vehicles and ground equipment operated by the company. In 2011, the plaintiff injured his back while working on a vehicle, but participated in FedEx’s temporary return to work program following his injury until April 2011 when he ceased working […]