Mental vs. Physical Disabilities

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MetLife’s ‘cookie-cutter’ diagnosis slammed

It is typical that group disability insurance policies limit the duration of disability payments for psychiatric conditions. However, in Reid v. Metropolitan Life Ins. Co., 2013 U.S.Dist.LEXIS 66755 (N.D.Ga. March 29, 2013), an insurer’s reliance on reviewing doctors to evaluate a claim failed to convince a court that the limitation was applicable in the face […]

Courts examine 24 month mental illness limitation in disability claims

As the recent case of White v. Prudential Ins.Co., 2012 U.S.Dist.LEXIS 160773 (E.D.Pa. Nov. 9, 2012) illustrates, whether a disabling condition is psychiatric or physical is not easily determined. The plaintiff in this case, James White, worked as the chief operating officer, chief financial officer and director of risk management at Holt Oversight & Logistical […]

How the courts address ‘legal’ disabilities

A recent district court ruling involving a commercial airline pilot discussed a fascinating issue known as “legal” disability. A legal disability, in contrast to a factual disability, occurs on account of a loss of licensure or certification to practice in a profession. The cases discussing legal disabilities involve issues such as loss of a medical […]

Law trying to get head around mental illness

The issue in Parker v. SunLife Assurance Co. of Canada, 2005 U.S. Dist. LEXIS 15436 (M.D. Fla., July 29), turned on whether the insurer properly invoked a 24-month limit on payment of benefits for mental and nervous disorders when the claimant was disabled due to a bipolar disorder. The policy defined ”mental illness” as ”mental, […]