The most difficult disability claims to adjudicate involve symptoms that cannot be objectively verified. Medical science has yet to develop tests that can verify or quantify pain or fatigue, although many medical conditions are associated with such symptoms. A recent example of such a case is Heim v. Life Ins. Co. of North America. 2012 […]
A court recently found that Liberty Life Assurance Company of Boston made a decision “apparently devoid of reasoning” in denying a claim for disability benefits under a long-term disability policy. In Yost v. Liberty Life Assurance Co. of Boston, 6:19-CV-1132, 2021 WL 2263017 (M.D. Fla. June 3, 2021), the plaintiff, a nurse anesthetist, filed a lawsuit after Liberty denied her claim.
Despite significant medical advances in recent years, many debilitating impairments remain impossible to diagnose through imaging such as x-ray or MRI, electrodiagostic testing, or blood tests. Consequently, due to potential uncertainty as to the legitimacy of such conditions, disability insurers have adopted policy provisions that purport to limit payments for conditions such as fibromyalgia, chronic […]
A fascinating new ruling from the 7th U.S. Circuit Court of Appeals on the issue of Social Security disability points out many of the difficulties inherent in assessing disability. In Martinez v. Astrue, 2011 U.S.App.LEXIS 960 (7th Cir. 2011), the court issued an opinion incorporating its ruling on three cases all argued on the same […]
A decision from the U.S. District Court for the District of Columbia reviews the deficiencies of a disability determination.
A recent 6th U.S. Circuit Court of Appeals ruling raises the question of who gets the last word in an ERISA claim appeal. In Balmert v. Reliance Standard Life Ins.Co., 2010 U.S.App.LEXIS 2439 (6th Cir. Feb. 5, 2010), the plaintiff, Maribea Balmert, worked as an accountant-tax manager for Big Lots Inc. beginning in 2001. She […]