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 […]
Whether being able to work part-time affects a claimant’s eligibility for disability benefits depends on several factors.
The relevance of a Social Security disability determination to the outcome of a long-term disability claim has become a hot topic with the courts and insurance regulators. CIGNA and its subsidiary, the Life Insurance Company of North America have been the subject of numerous court rulings as well as a recent regulatory settlement with state […]
Long-term disability insurance cases involving fibromyalgia present special difficulties because there are no objective tests for the condition other than a clinical “trigger-point” test. A recent ruling from California handled by attorney Michael McKuin and decided by Judge Dolly Gee presents an interesting and thorough discussion of such a claim that stands out in noting […]