Long Term Disability

Disability Insurer Taken to Task Over Vocational Assessment

by Mark Debofsky | Feb 25, 2016 | Disability Benefits, Long Term Disability

A recent ruling from a federal court in Kentucky raised serious concerns about the validity of vocational assessments performed by disability insurance companies.

In Bishop v. Aetna Life Insurance Co., 2016 WL 591765 (E.D. Ky., Feb. 12, 2016), the court overturned a denial of disability benefits after finding that Aetna improperly disregarded a Social Security determination and that its vocational assessment was markedly flawed and biased.

Court Looks at Calculating Credit and Taxes in Disability Benefits Case

by Mark Debofsky | Oct 19, 2015 | Disability Benefits, Long Term Disability, Offsets to Disability Benefits

Although death and taxes are both viewed as inevitabilities, when it comes to disability insurance benefits, taxes may be avoidable.

According to Revenue Ruling 2004-55 (June 28, 2004), long-term disability insurance premiums paid on an after-tax basis result in a non-taxable benefit. Hence, many employers structure their group long-term disability benefit plans in that manner to provide a nontaxable benefit to their employees in the event they become disabled.

Court Takes Weekends Into Account in Extending ERISA Deadlines

by Mark Debofsky | Jun 11, 2015 | ERISA, Long Term Disability

A decision by the U.S. District Court for the Northern District of Illinois takes into account the role of weekends in extending ERISA deadlines.

Unum abused discretion in denying fibromyalgia claim

by Mark Debofsky | Jan 11, 2015 | Long Term Disability, Pain and Disability

DeBofsky, Sherman & Casciari recently won the case of Warner v. Unum Life Ins. Co., No. 12 C 02782, 2014 U.S. Dist. LEXIS 178765 (N.D. Ill. Dec. 31, 2014), where the district court granted summary judgment for the plaintiff, ruling that Unum Life Insurance Company (“Unum”) acted arbitrarily and capriciously by disregarding the results of […]

Co-morbid impairments (combination of two or more disabling conditions)

by Mark Debofsky | Oct 5, 2014 | Long Term Disability, Pain and Disability

A ruling won by DeBofsky, Sherman & Casciari, Curtis v. Hartford Life & Acc.Ins.Co., 2014 WL 485233 (N.D.Ill. August 20, 2014) illustrates the importance of considering the combined impact of more than one medical condition in determining disability. 

Disability Benefits Cannot Be Terminated Without an Explanation

by Mark Debofsky | Sep 21, 2014 | Disability Benefits, Long Term Disability

An insurer recently learned a hard lesson in how not to terminate disability benefits in Bertelsen v. Hartford Life Ins.Co., 2014 U.S.Dist.LEXIS 19225 (E.D.Cal. Feb. 14, 2014).

There, the plaintiff, Karen Bertelsen, worked as an engineering document control manager until she became disabled in 2008 on account of back pain caused by degenerative disk disease of the lumbar spine.