The Disability Application

A federal court in Pennsylvania recently gave the plaintiff somewhat of a victory by reversing a decision of Liberty Mutual Life Assurance Co. of Boston. According to the court ruling, Liberty acted arbitrarily and capriciously in denying the claimant’s application for long term disability benefits. Liberty used the wrong definition for the plaintiff’s “own job.”

Unfortunately, this is somewhat of a common tactic used by disability insurers to deny claimant’s benefits. It is a manipulative technique that claimants do not always notice. Without an attorney to help, claimants may not realize the wrong definition is being used. They go forward with their administrative appeals and even litigation while overlooking this important part of their claim.
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According to the National Institute of Neurological Disorders and Stroke, 80% percent of adults experience low back pain at some point in their lifetimes and is the most common cause of job-related disability and a leading contributor to missed work days. If you are seeking disability insurance benefits from your insurance carrier, the disability insurance company is looking for objective evidence to prove a claim of disability. Watch this video to learn what a disability insurance claimant needs to do to document their back disorder disability claim.

This is a complicated question and there are many factors that need to be considered when filing for disability. Every disability insurance policy defines “Disability” differently and a policy holders eligibility of benefits is determined by the interpretation of the claimants disability. In this video, Attorneys Gregory Dell & Cesar Gavidia discuss what you need to know when filing for disability benefits.
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In this video Attorney Gregory Dell & Cesar Gavidia discuss a great victory for a plaintiff insured by United of Omaha. The District judge specifically identifies that United not only ignored findings by the claimants treating physicians that showed the claimant was indeed disabled, but also “cherry-picked” the opinions of its vocational consultant to “find evidence that supports a conclusion in their favor.”

This is a complicated question and the answer will often vary based upon the specific disability insurance policy and the applicable state or federal laws that apply. Read more »