DeBofsky Law won a victory in the U.S. Court of Appeals for the Seventh Circuit in a case entitled Lacko v. United of Omaha Life Ins. Co., 2019 WL 2439786 (7th Cir. June 12, 2019). The plaintiff, Shirley Lacko, stopped working as a senior auditing manager for an accounting firm when the effects of multiple chronic impairments […]
Residual/Partial vs. Total DisabilityBack to Insights
Does working after suffering an injury invalidate a subsequent disability insurance claim? According to a recent U.S. District Court ruling from Florida, the answer is no. In Kaviani v. Reliance Standard Life Insurance Co., 2019 WL 1759245 (M.D. Fla., March 27, 2019), Kia Kaviani, a dentist, sustained neck injuries in a car accident in 2012. […]
Most people assume that if they become unable to perform their usual work on account of sickness or injury, that they would qualify to receive benefits under their work-sponsored long-term disability insurance coverage. That may not be the case, though. In Nichols v. Reliance Standard Life Ins. Co., 2019 WL 2223614 (5th Cir. May 23, […]
A decision by the U.S. District Court for the District of New Jersey highlights the difference between residual and total disability.
This is the second of a two-part column. The first part was published on Wednesday. In Part 1 of this column, we discussed a disability income insurance claim filed by Dr. Kevin McCann and the ruling issued by the 3rd U.S. Circuit Court of Appeals, focusing on the ERISA aspects of the case. In Part […]
The outcome of Simmons v. Paul Revere Life Insurance Co., 2018 WL 558960 (W.D. Wash., Jan. 25, 2018), discussed in Part 1 of this column on Monday is not as clear-cut as the court found. Since Dr. William Simmons, a dentist, was no longer able to perform a number of material job duties that were a major part of his practice prior to his car accident, his claim raised serious issues about the protection his disability policy provided.