Proving an entitlement to disability benefits on account of pain can be challenging as a recent federal court ruling from Massachusetts recognized. The case of Kamerer v. Unum Life Insurance Company of America, 2018 WL 4539693 (D. Mass., Sept. 21, 2018), involved a claim brought by Judith Kamerer, a former employee of Accenture, who became disabled in 2004 due to fibromyalgia and depression.
While it’s generally accepted that Employee Retirement Income Security Act benefit claimants are not entitled to jury trials, rarely does anyone question the reason why.
According to the National Institutes of Health, approximately one in 10 Americans experience severe pain every day. This pain could be the result of any number of conditions. Because pain is a subjective experience, not every condition that causes pain is known — but what is known is that pain can drastically affect your quality […]
We have all seen the letters in the mail. Your employer is updating their benefits policies, and by law, you are required to receive notification summarizing the changes. These notices contain a lot of legal jargon and fine print, and you probably threw them away without much more than a cursory glance. Although these updates […]
A recent ruling issued by U.S. District Judge Carlton W. Reeves of the Southern District of Mississippi described a history and pattern of bad-faith disability benefit claim denials. The case of Nichols v. Reliance Standard Life Insurance Co., 2018 WL 3213618, 2018 U.S. Dist. LEXIS 109526 (S.D. Miss., June 20, 2018), involved Juanita Nichols, a […]
According to USA Today, the stock market gained 20 percent last year, making 2017 one of the best years for stocks since Y2K. A natural result of these gains was a rise in the value of 401(k) or 403(b) investments for consumers around the country. While the money in 401(k) and 403(b) accounts grew, so […]
Accidental death and dismemberment insurance frequently present fascinating issues, as illustrated by a recent ruling from the 9th U.S. Circuit Court of Appeals. In Dowdy v. Metropolitan Life Insurance Co., 2018 WL 2223722 (9th Cir. May 16, 2018).
A recent federal court ruling from Washington state was harshly critical of a disability insurer’s treatment of a benefit claimant suffering from multiple sclerosis. The case, Gorena v. Aetna Life Insurance Co., 2018 WL 2113952 (W.D. Wash., May 8, 2018), involved Sarah Gorena, who worked as a staff analyst at Boeing for more than 10 […]
Multiple Sclerosis is a serious neurological disorder that is often disabling. The Multiple Sclerosis Foundation estimates that more than 400,000 people in the United States suffer some level of symptoms from the condition. Not all cases lead to disability. However, the condition can progress to the point that continuing to work is no longer an option for […]
A recent ruling from the 6th U.S. Circuit Court of Appeals emphasized the importance of in-person examinations in relation to disability benefits. In Guest-Marcotte v. Life Insurance Company of North America, 2018 WL 1578090 (6th Cir. March 30, 2018)(Unpublished), the plaintiff, Kimberly Guest-Marcotte, filed a claim for disability benefits due to Ehlers-Danlos syndrome Type III, […]
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.
Anecdotally, the most litigated accidental death insurance claims involve drunk driving. The next most prevalent type of litigated accidental death claim are cases involving autoerotic asphyxiation. The recent ruling in Tran v. Minnesota Life Ins. Co., 2018 WL 1156326 (N.D. Ill. March 5, 2018) was one such case. The plaintiff was the widow of an […]