Deciding disability benefit cases can be challenging for federal courts, but in Dwyer v. Unum Life Ins. Co. of Am., 2021 WL 2853250 (E.D. Pa. July 8), a federal judge in Pennsylvania was able to cut through the confusion and issue a decisive ruling in favor of the plaintiff […]
If you are unable to work due to disability and are fortunate to have long term disability insurance through your employer, you may not realize the importance of also applying for Social Security disability insurance. Or your LTD benefits may have been denied despite your ongoing receipt of SSDI benefits, prompting you to wonder how is that possible […]
The timeline from application to a decision on a long-term disability claim is generally set by the terms of the plan itself. But disability policies that are governed by the Employee Retirement Income Security Act of 1974 (ERISA) must adhere to the Department of Labor’s ERISA claims regulations, which include timelines for issuing a decision […]
What is contra proferentem? Carlile v. Reliance Standard Life Insurance Co.[1] is a textbook illustration of the doctrine that construes ambiguities in insurance policies in favor of the insured and against the insurer. In February, the U.S. Court of Appeals for the Tenth Circuit affirmed a ruling by the U.S. District Court for the District […]
It’s estimated that one in four people entering the workforce today will experience a disability lasting a year or more before they reach retirement age. Many of those impacted are eligible for Social Security disability benefits, but Social Security disability insurance has many limitations. First, it typically provides only 50% income […]
If your long-term disability claim has been denied, you should not take “no” as the insurance company’s final answer. In most circumstances, you have the right to submit an appeal challenging the benefit denial; and if the appeal is unsuccessful, a wrongfully denied claim may be litigated in court. What most people don’t realize, though, […]