The Disability Application

In Bosley v. Metropolitan Life Insurance Company (MetLife), Robert Bosley, a nurse at Kaiser Permanente, had his claim for long-term disability benefits granted in 2009 based on the diagnosis of chronic fatigue syndrome. Subsequently, he returned to work in a position that caused him less stress. That lasted until 2011 when MetLife again granted him long-term disability benefits based on his “laundry list of health problems.”
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The disability insurance attorneys at Dell & Schaefer are able to manage all aspects of your disability insurance matter. Including:
– Applying for Disability Benefits
– Appeal of a Disability Denial
– Monthly Claim Handling
– Lump-Sum Disability Buyouts
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If you are applying for Disability Insurance benefits you need to understand that medical records play a vital role in the decision that is made by your disability insurance carrier to approve your claim.

It is important to establish proof of your medical conditions.
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In a recent ruling from the United States District Court District for the Western District of Michigan, a Judge ruled that Liberty Life Assurance Company of Boston was wrong in denying continued Long Term Disability Benefits to Michelle R. Rouleau.

Facts of the Case

Ms. Michelle R. Rouleau previously worked as a registered nurse for Sparrow Hospital in Michigan. She was forced to stop working in June of 2012 due to intractable back pain. Prior to her claim, Ms. Rouleau had a long history of treatment which included times of relief and times of experiencing more pain. After years of treatment including epidural injections and bilateral facet block, a lumbar fusion surgery was finally performed in June of 2012. Following the surgery, Ms. Rouleau had planned to return to work within 10 weeks. After initially feeling relief in the first few weeks after surgery, by August of 2012 Ms. Rouleau’s pain level had increased and long term disability benefits were applied for and approved in September of 2012.
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In Brasseur v. Life Insurance Company of America (LINA), Plaintiff Wilfred Brasseur, a computer engineer, worked in the Houston office of Chicago Bridge & Iron Company when he became disabled. LINA denied his application for long term disability benefits on the grounds that he “was not disabled as defined by the Plan’s terms.” Ultimately, Brasseur filed an ERISA lawsuit in Houston. He filed a motion for summary judgment limited to the issue of what standard of review should apply to the court’s evaluation of his claim. He argued that since the Plan was issued in Chicago, Illinois, Illinois law should apply. This would subject his claim to do novo review instead of the abuse of discretion standard. The Texas District Court agreed with the plaintiff, holding that it would review Brasseur’s claim using the plaintiff preferred de novo standard instead of the defendant preferred abuse of discretion standard.
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