Four Plaintiffs Sue Cigna For Denial Of Long-Term Disability Benefits in California and Pennsylvania
Cigna Life Insurance Company Of New York (Cigna) faces four lawsuits in the Federal Courts of California and Pennsylvania for denying long-term disability benefits to the disabled claimants. In all four filed cases, Cigna is accused of wrongfully denying the long-term disability (LTD) benefits as defined by the respective Policies. Let’s take a closer look at each case:
Case 1: California
In George M. v. Cigna Life Insurance Company of New York, Plaintiff filed a long-term disability lawsuit via a California disability attorney. The Plaintiff was employed as a programmer analyst by Brown Brothers Harriman & Co. (BBH), which contracted with Cigna to provide long-term disability benefits to its employees. Due to his employment with BBH, Plaintiff was covered under the terms of the Policy.
On or about October 31, 2009, Plaintiff ceased working at BBH due to non-limited medical conditions and debilitating fatigue and filed a claim for long-term disability benefit payments. On or about August 2, 2010, Cigna denied Plaintiff’s claim, and upheld that decision on April 28, 2011. Cigna has still not paid any benefits to the Plaintiff beyond the end of the Benefit Waiting Period.
Plaintiff filed this lawsuit to have the Court declare that Plaintiff is disabled according to the terms of the Policy and should be entitled to all the benefits as defined by the Policy.
Case 2: Pennsylvania
In Kathryn M. v. Life Insurance Co. of North America d/b/a Cigna Group Insurance (Cigna), Plaintiff filed this lawsuit through a Pennsylvania disability attorney to gain the long-term disability (LTD) benefits that are defined in the Policy she is covered under due to her employment as a registered nurse by the University of Pittsburgh Medical Center (UPMC), which contracted with Cigna to provide LTD benefits to its employees.
After May 2007, Plaintiff could no longer work at her occupation due to the development of significant medical conditions that required extensive medical treatment. Plaintiff filed for LTD benefits as defined by the Policy. Cigna approved the claim and provided LTD benefits as of November 20, 2007 through November 19, 2009, at which time Cigna ended those benefits. Cigna’s reason for ending the benefits was that the Plaintiff could not satisfy the Policy’s definition of disability after the first 24 months.
Plaintiff has exhausted her administrative appeals, which has led to the filing of this lawsuit.
Case 3: Pennsylvania
In Richard M. v. Ebdman Anthony & Associates Inc., Long Term Disability Plan (Ebdman) and INA Life Insurance Company of New York (Cigna), Plaintiff filed this lawsuit through a Pennsylvania disability lawyer to gain disability benefits that were wrongfully denied to him according to the terms of the Policy. He was covered under this Policy due to his full-time employment at Erdman Anthony, Inc., which contracted with Cigna to provide long-term disability benefits.
After October 24, 2004, Plaintiff stopped working due to Stiff Person Syndrome, leading to him filing a claim for benefits under the Policy. Cigna approved the claim due to Plaintiff’s inability to perform his “own occupation” and began making payments as of November 24, 2004. In November 2006, the disability definition under the Policy changed, now requiring the Plaintiff to prove that he could not perform “any occupation” that was suitable based on Plaintiff’s age, education, training, and experience. Plaintiff continued receiving benefits through December 3, 2010, including the additional benefit of a Waiver of Premium for his life insurance policy.
Via letter on October 28, 2010, Cigna denied the Plaintiff from participating in the Waiver of Premium program. Again via letter on November 4, 2010, Plaintiff was denied future long-term disability payments. Plaintiff decides to appeal the decision in December 2010, leading to an extensive appeal being filed on May 2, 2011. This included a sworn statement by the Plaintiff’s treating neurologist.
However, a peer review was completed by board-certified neurologist that declared that Plaintiff could work full time if specific restrictions were applied, including being able to sit and reach at desk level. Due to the peer review report, Cigna again denied Plaintiff’s request via letter on July 15, 2011.
While Plaintiff could have requested another administrative appeal, Plaintiff felt that filing this lawsuit was the best course of action.
Case 4: California
In Katherine B. v. Cigna Group Insurance, the Plaintiff filed this lawsuit through a California disability lawyer to receive declaratory relief and to receive benefits under the ERISA plan. Plaintiff was employed as a human resources administrator at General Atomics from July 13, 2009 until October 23, 2009 when she was no longer able to work due to ear pain, headaches, dizziness, nausea, neck pain, sensitivity to sound, and sporadic double vision. Because of her employment at General Atomics, she was covered under a long-term disability Policy that was administered by Cigna.
On or about January 8, 2010, Plaintiff filed a claim for long-term disability benefits. Cigna was unable to determine her disability status and stated via a letter on or about January 27, 2010 that they would need to do further investigation into her status. A medical assistant from her primary care physician’s office, mentioned on or about April 13, 2010 that she was contacted by a Cigna nurse asking for help in reading Dr. Sturgeon’s handwriting. The Cigna nurse tried to gain additional information about the Plaintiff, including whether she was in an accident or not. The medical assistant told the nurse that all future correspondence would need to be done in writing.
Cigna requested that the Plaintiff submit to an independent medical examination (IME), which the Plaintiff agreed to, and had on or about September 8, 2010. During the IME, the physician, Dr. Lawrence Fogel, placed pressure on the Plaintiff’s head, causing a new pressure sensation inside of her head. The Plaintiff called Dr. Fogel’s office to complain about this pain on or about September 9, 2010, of which Dr. Fogel never mentioned in his report. He came to the conclusion that the Plaintiff’s health problems could be controlled via present medications and treatment and that she had no current medical complaints.
Plaintiff suffered a seizure-like episode on or about September 11, 2010 at a restaurant after experiencing severe head pain. Through a visit with a local doctor, the seizure was confirmed. This prevented the Plaintiff from seeking part-time work.
Cigna informed Plaintiff on or about October 7, 2010 that Plaintiff would no longer receive LTD benefits beyond September 21, 2010 because of Dr. Fogel’s IME report that claimed Plaintiff’s symptoms were controllable and that her sedentary level work capacity fell within her current job description.
The Social Security Administration declared via letter on or about March 13, 2011 that the Plaintiff had been disabled since October 23, 2009 and was entitled to benefits beginning in April 2010 for $1,274 each month.
Plaintiff has exhausted all administrative remedies, which has led to the filing of this lawsuit.
Plaintiffs Seek The Following Relief From Cigna
Through their respective lawsuits, the Plaintiffs seek the following relief from Cigna:
- An award of all benefits not paid to this point as should have been paid according to the terms of the respective Policies, along with accrued interest
- An award of all future benefits so long as the Plaintiffs remain eligible as defined by the terms of the respective Policies
- All reasonable attorney fees
- All related court costs
- All other relief that the Court declares to be just and proper
45 comments
I received benefits for 1 1/2 year and denied and terminated from benefits based on an IME REPORT. The IME was a quack and never even did an exam of injured body parts. He has a 13 minute surveillance video that doesn’t show any incriminating behavior. I am still disabled with multi level cervical disc disease, systemic arthritis, and sympathetic dystrophy. Of upper extremity.
I need to retrain for a different career and no way can I work. Full time as the pain is beyond ridiculous after im up 5 hours in a day.
Also – I worked in a high volume diagnostic laboratory for 6 years before I became unable to do my job any longer.
April,
If you are in the administrative appeal process please feel free to contact our office to see how we may be able to assist you.
How many Cigna waiver of cases have you won?
Hi,
These cases sound just like the incident case of mine, same thing. I worked for a company covered by CIGNA, in 2010 Mr. Claude Leon Farmer sent me a letter stating I was not covered by CIGNA Terms of LTD, so my LTD payments were cancelled. I appealed to no avail. I recently sent additional documents because I remain under doctors care and medications for my “long term disability.” The SSA has declared the same and CIGNA knows this. WOW!
Yvonne,
Depending on the language of your policy the Statute of Limitations to bring a lawsuit. If you do have a copy of your employer’s Policy, please feel free to contact our office to discuss how we may be able to assist you.
Permanent right leg and left arm injury, unable to return to work. CIGNA stopped without notice payments in Oct., have only until Nov 12 to appeal disability hearing.
Sherif,
If Cigna has denied your claim you would typically have 180 days to appeal their decision, and there would not be a disability hearing. Is the November 12 date related to a Social Security matter? Please feel free to contact our office to discuss how we may be able to assist you.
Cigna is doing the same to my daughter.
Cigna is denying my paraplegic son his right to 120 days of skilled nursing. He has been getting this for 6 years now and suddenly they made a mistake and terminated this portion of his benefits. How does a company get away with this? They won’t even do a peer to peer with his neurologist, giving him the run around for weeks.
Ellie,
Please contact our office with a copy of the denial letter and policy so we can evaluate how we may be able to assist you.
I work for J&J Industries in Dalton, GA. My daughter also worked for J&J until she became disabled. She had intense back pain, diagnosed by a doctor and has been denied disability. SHE IS UNABLE TO WORK-CAN BARELY WALK. What can be done?
Roy
Roy,
When was the claim denied? Has the denial been appealed? Please feel free to contact our office to discuss in greater detail.
I was denied long term disability two weeks before the end of short term disability. My doctor faxed forms to case manager. The case manager would say the documents had not been sent. My doctor went into the office on her off day to speak with the case manager since the office manager could not give medical info. I was denied l/d and cheated out of two weeks s/d. It took me well over a year to get Social Security Disability. I was sick with no income…lost my home, furnishings, and no insurance coverage. I had surgery for unstable vertebrae, diabetes, neuropathy, and carpal tunnel. I since filed suit against Cigna three years ago. I am willing to testify in a Congressional Hearing .,Cigna ruined my life.
Mary,
We wish you luck with your lawsuit against Cigna.
CIGNA approved my LTD claim. I have received two initial payments and now they shorted the next check significantly. I believe the SSDI company, ALLSUP, they forced me work with failed to submit an application to SS. Since then another company was assigned to me. My case manager did not contact me in writing or via the phone. I only received a nasty message from ALLSUP stating they no longer represent me. This was not done in a timely manner.
I have a legitimate disability according to SSDI section 1.02 Major joint dysfunction: Hip dysplasia. It is an own occupation policy. I based decisions on this approval considering I can’t walk properly and navigate stairs.
I’m trying to finish my Masters’ and get into a job that is not physically demanding, but now I have to spend time and resources fighting for benefits that are written in black and white.
Why approve the claim in the first place? And what does a public disability plan have to do with a privately purchased plan? Why does the government allow insurance companies to do this?
I can’t believe they didn’t contact me in writing to advise me of the situation.
Seriously, how unprofessional.
Thanks
Jillian,
Please contact feel free to contact our office to discuss how we can assist you in getting your full benefits reinstated. Cigna should not fault you for the negligence of its third party vendor.
Cigna denied mt LTD in 09 i was approved by SSD. They continued to say I could sit and do a job. I was a nurse and my back had 3 7-8 cc disc bulges with annular tear. I ware a back brace, extended toilet seat, walker, they just made up jobs for me i could do. i tried, i could not sit 8 hours, i was taking so much pain pills that my co workers said I was glassy eyes, I was slow due to pain. I had to move, have a ADA chair, I finally got fired now. I now have Cigna again and Im now on STD since sept 17, 2015. I am now in my 8th week of STD, I have only received 1 check. I am planning to sue them agian, What group does it take when insurance companies are breaking the rules to pay outs?
I can assure you that Cigna represents the devil himself. Everything bad that you associate with Insurance companies Cigna fulfills. They completely misrepresent what you receive when you pay for disability benefits out of your paycheck. It is unfortunate that the millions of people out there paying for the insurance have no idea that Cigna will do everything possible, both legal and (at least dancing in the grey areas) illegal to avoid paying. With the millions paying into a fraudulent system, this is quite the scam. Due to multiple significant medical issues I was forced to go out on disability in 2009. The education then started and the games with Cigna began. I really loved my job and when, after being on disability for a year, Cigna first denied my claim, I decided to make the best of it and give it a try. After a few months I realized this wasn’t going to work out, but because I was in the Appeal process I pressed on. After nine months I was forced to go out again. The process then started again from the beginning, and of course when the year was up they denied me again This time I knew the futility of trying to go back to work, so I was down to Social Security and working on my Appeal. During the long Appeal process we were finally forced to file bankruptcy after draining savings and 401K money. Just before closing on the bankruptcy I was notified by Cigna that I had won my appeal again. Now more recently, after moving to Oregon because we could no longer afford to live in California with me on disability, Cigna stepped into my life again. After hearing from them that they were going to review my case again (I was not too worried this time because I was told by my Cigna representative at the end of the last decision that the adversarial relationship was over) a year long process began. In Oregon I found a very fractured Medical System to challenge my healthcare and I am still trying to find someone as a PCP who will manage my care. Cigna took advantage of that and ruled against me. During this time my health has significantly worsened. I’ve had leg fractures, toes amputated, diagnosed with now severe Neuropathy, worsening of spinal deterioration, carpal tunnel, jus t to name a few. Also during this time Social Security did a review and quickly ruled in my favor. Cigna doesn’t care. Because I have only my former doctors response that I am in fact still disabled, but none of my current doctors have treated me for what is individually disabling, Cigna was able to justify for itself that I must not be disabled anymore.
It’s a shame that new class action can not take place and the general public has no idea how evil Cigna is. There are no local attorneys and I can’t really afford to pay anyone, so I’m fighting the appeal battle alone once more. I’ve prevailed before so I can only hope for the best again. As is true I would imagine for many of the other cases here, Cigna has added severe depression to my issues. I can only try to use the fight to keep my head above water.
H Welther,
Please feel free to contact our office to discuss your claim. It would be helpful if you had a copy of your short and long term disability policy readily available.
Glenn,
If your claim is still in the appeal stage please contact us at your earliest convenience to discuss your situation in detail and to see how we may be able to assist you in appealing the denial.
Cigna denied my LTD after 2 years and I was approved for SS#. I should be receiving benefits. Been on disability for 10 years now. Is there anything u can do! I live in Charlotte, NC.
Thanks,
Denise
Denise, yes – please feel free to contact our office to discuss any current appeal and or legal remedies you may have.
I applied for LTD through Cigna and it’s been like trying to get through a brick wall. I have an accumulative injury from working a delivery driver job for US foods. They received all my information for the short term disability company called sedgwick and before even asking if I was receiving continued care or additional paperwork, THEY DENIED ME! So I appealed and they still denied me. I have unlur nerve impingement in both arms,cervical radiculathopy,two torn ligaments in both wrists,cervalgia,spinal stenosis,migraine headaches,depression,anxiety and a few more neck and hand problems and that doesn’t include all the medication side effects..My life not only has been turned upside down but also feels like a living hell emotionally, physically and financially .Please help.
Carlos, Cigna typically provides a voluntary level appeal so there may still be a chance to get your LTD benefit approved without having to file a lawsuit. Please feel free to contact our office to discuss.
Had to stop working march 2013,6 months STDisab. Cigna approved me for ltd sept.11, 2013 due to inability to work because of chronic deteriation fdom lupus, RA, fibromyalgia, osteoarthritis hands, feet, cercival, thoracic, lumbar and legt hip, depression, carpal tunnel syndrome bilatersl with surgery on right, hypertension. Cigna Sent me a letter with july payment stating my benefits will be terminated sept 11, 2015. They sent another payment, final payment, end of july that included payment for august and up to sept 11, 2015.I started my appeal process October 2015 and after delays receiving info from doctors, and two letters from Cigna needing an extention up to 45 days each time, they have said will receive a decision eithin next 5 business days from feb 17,2016. I worked 34 years as RN and its sad after ruining my health helping others, i now need but cant get any help for my self. I applied for SSD may 2013 and have received 3 denials,and waiting list for hearing one year, they say backed up 18 months. I have lost ny home ,lived in hotels nd my van one year, abd my mothers condemned house.lost my dignity,pride,feeling helpless nd hopeless.I pray Cigna makes a decision in my favor and SSD soon. I have a lawyer for SSD.After reading these stories, looks like i may need one for Cigna in future.
Laura, please feel free to contact our office to discuss your claim, and the options available to you should Cigna deny your appeal.
Tired of been harased by Cigna case worker who wants to deny my LTD benefits.
Andres, please feel free to contact our office to discuss how we can assist you in monthly claims handling so you do not have to deal with Cigna directly, and/or discuss if you might be a candidate for a lump sum buyout.
I suffer from fibromyalgia, (b)carpal tunnel had surgery not resolved , tendonitis on 3-4 fingers in each hand,de quervain syndrome both thumbs, torn rotators (b) arthritis on wrist(b)arthritis on both shoulders and arthritis on lt knee need total replacement on rt. I have been receiving ltd benefits from Cigna for 26 months . After 22 months they sent me to see their doctors. Last month they sent me a letter stating they completed review of my case and my case has been approved. 2 months later they sent me a letter declared my diagnosis to be anxiety, depression and PTSD. They claim my policy offers only 24 months of paid benefits for these. Did I mention I have assistance from home health because of my disability. What do I do?
MBJ, please feel free to contact our office with a copy of both letters from Cigna so we can discuss your claim with you in detail.
I’m in the end of my last 6 mo pay but I’ve got scolios thorasic lumber l4 l5 s1 s2 in my back my butticks sore. Always repositioning, I can’t stand long, my legs can make me fall without the walker lots of lt right shoykder injury 20 % disabked. I get a small ssi check then cigna cut there payment $928 off are they able to do this??? This was a workets comp case but I was a certified nurses aide fir 38 yrs work alholic. Yes I loved my job now I can barely take steps into my old rv i bought cause $$$ tight sincerely ce….
Carolyn, Unfortunately, yes- Cigna can reduce your monthly benefit check by the amount received from SSDI under a disability insurance policy.
My long term disability payments were cut off after 2 years because of a mental/nervous condition limitation (limiting benefits to 24 months) in my policy. However, the limitation does not apply to schizophrenia. 8 separate doctors have diagnosed me with schizophrenia, but Metlife’s IME doctor diagnosed me with schizoaffective disorder. Even if the correct diagnosis is schizoaffective disorder, In Duncan v. Metropolitan Life Ins. Co., 2016 WL 6651317 (D. Utah November 10, 2016), MetLife denied Duncan’s long-term disability benefits based on its interpretation that the schizophrenia exclusion does not include schizoaffective disorder. The court held that MetLife’s interpretation was contrary to public policy; and that the plan should not be able to utilize “a hyper-literal interpretation of schizophrenia” since it “results in the denial of benefits to every participant with schizoaffective disorder simply because some of those participants may not satisfy every criterion of schizophrenia.” The court held that MetLife’s literal reading is the type of overly restrictive interpretation that results in arbitrary claim denials and undermines public policy.
Can you please help me with my appeal of my denial of benefits?
Neal, please contact our office to review the denial letter and discuss your claim further.
Cigna should have their doors shut! When a case managern(RN) can supersede the recommendations of doctors with no fair notice and the lack of professionalism and lies or calls being made nor voice messages received. It’s quite apparent Cigna is buying valued time for their own personal gain. I responded with a negative letter representative and expect calls will be made from my treating physician. Crooks!
CIGNA long term disability – DIRTY, ROTTEN PIGS! Same story as above. A quack doctor to do an IME (for Cigna, of course). He never laid a finger on me! Threw a form and pencil against the wall above my head! Never laid a finger on me! Reported to Leon Farmer. Karma. Bad things will come this man’s way. He is a BAD MAN. He works for a BAD COMPANY. They are trying to cancel my benefits now. That company NEVER EVEN TRIED to obtain my medical records. Instead, Leon Farmer that he would make his determination on his QUACK physicians assessment. The assessment that never occurred! Anyone ever have a Charlotte Nickelson? Incompetent! When will the federal government do something with this horrible, life-wrecking company?!
I was “receiving” STD from Cigna after being injured in an ATV accident. I say “received” because I had to constantly fight to get my payments as they often cancelled my case claiming they did not receive any of my doctors notes stating I needed it. I had to prove time and time again that they had in fact looked at the records and cancelled my case anyway in which they would reopen my case and send my payments. I then switched to LTD which was worse in getting my payments. They paid for a little bit but I had to fight with them every month with the same facts to prove they had seen and opened files that proved all of the determining factors they needed to grant my LTD. They then cancelled my LTD, after fighting with them for over 17 months and getting all of my medical records sent over and over they reopened my case and sent me a payment for the 17 months they had NOT been paying me because I am still suppose to be getting payments.
Well, yet again, they have cancelled my LTD for the same reasons and I need help to fight to get the payments I am owed and deserve. I have lost my car and the hardship it has caused my family with my 2 kids is unbelievable! Please help me! I have all of my doctors documentation as well as the letter that stats they cancelled my case in error when they sent me the payment for the 17 months of non payment. The emotional stress this has caused has effected my health and my life!
Kelli, please contact our office with a copy of your denial letter to discuss how we can assist you in appealing Cigna’s denial.
Cigna denied my claim.
Reading the above comments is discouraging, to say the least. My story began in Jan. 2011, when I was diagnosed with IDC Breast Cancer, 20 years to the month of my first fight with breast cancer. I was a nurse with advanced practice in Genetics and Oncology. I went on STD January 6th 2011, to begin my new fight with old foe CANCER.
I had two surgeries and radiation therapy. I was to return to work April 26 2011. I went to work that day with attitude that I would not let cancer rule my life. A few hours into the day my body decided differently, I collapsed and was taken to the hospital. After two week stay, my doctors stated needed more recovery.
I returned to work on Aug 30th knowing I needed to fulfill time at work to assure my FMLA would cover me for a surgery my oncologist / and other doctors said I needed to survive my fight against cancer.
My friends helped me drive to and from work, my primary patients and doctors I worked with helped keep my spirits high. I returned to STD May 2012, for Total Radical Hysterectomy at 45 years old, due to hormone status of my cancer and masses seen in uterus and Fallopian tube. Approaching return from STD with Cigna, I was bitten by Brown Recluse Spider. After 3 week hospitalization for that and starting on Aromatase Inhibitors for my cancer I returned to work, Sept 29th 2012.
My hours had to be cut back due to number of doctor appointments and therapies I had each month. As oral chemo continued I began suffering from severe fatigue, bone pain and cognitive/memory issues. I continued into June 2013, when my body and heart said enough, collapsing at my job down a flight of stairs. Cigna began to pay STD again and sent Advantage 2000 to file for Social Security benefits. I received a compassionate approval from Social Security 3 months later. Dec. of 2013, Cigna began paying LTD benefits.
August 2014, I was diagnosed again with breast cancer and had to have a double mastectomy. Of course time to prove physical disability for Cigna. This is when I knew trouble brewing, for I was in hospital for infection following mastectomy. Although hospitalized and my doctors sent necessary paper work, Cigna kept stating they did not receive. It took 2 months to receive benefits held up in the review. January 2015 rushed to hospital due to left chest infection(still from Sept 2014 mastectomy) emergency surgery and the lost of my left chest wall. Leaving hospital with drains and jugular line I found at home another letter from Cigna, time to review for continued LTD benefits.
I thought they were joking, they knew fighting for my life, but no joke. Unable to drive and on numerous pain meds, oral chemo and now cardiac meds due to cancer treatments; my oncology social worker helped send needed info. May 2015 I had DEIP surgery performed to help with disfigurement from bilateral masectomy. Once again infection and hospitalization in Surgical Intensive care. While there received phone call from Cigna LTD manager, time to review continued benefits. Shocked I lost it, asked why they thought they had to call me at a number in a hospital intensive care unit! Response was that I had not returned mailed disability questionnaire and doctors notes. It was June 15 2015, been in hospital for almost a month.
Doctors from many specialties faxed required info, however, across board Cigna kept saying they did not receive. Many doctors nurses told me they had faxed 3-4 times with same result. My daughter collected doctors letters and mail 2 separate copies through Fed Ex. In July 2015 I received the diagnosis of bone metastasis from breast cancer. Called John M at Cigna only to be told need documentation. Of which had already been sent! Sent info once again and waited on their review. Nov. 2015, I received letter stating ending LTD benefits and life insurance premium waiver of payments to be discontinued. I was at the hospital when opened my mail, waiting on next set of test. Opening that letter totally floored me, literally.
My doctors and social worker helped file appeal, January 2016 LTD payments reinstated. Yet by that time once again time to review my medical documentation. I had just been diagnosed with left lung issues from the radiation, then came chemo induced autoimmune disorders. On palliative care and given 5 years to live, I began to think Cigna did this to hurry my trip to grave. I still had son in high school, fighting to receive Court Ordered support, and now needing help to perform ADL’s daily. Next diagnoses Autonomic failure, Narcolepsy, Lupus, Rheumatoid Arthritis and Sogren’s Syndrome. The chemo and radiation causing osteoporosis and peripheral neuropathy. Rheumatologist added Fibro Mialgia to diagnoses.
Had to see Cigna IME’s. Between my multiple appointments and surgeries . 1st Neuropatologic Psychiatrist, whose report Cigna did not like; it had stated my executive functions gone, memory and cognitive issues documented diminished and witnessed as was my inability to stay awake. ( Also, documented in Cleveland Clinic testing and doctors letters.) Next IME ( driven to both by their transportation) a doctor to assess my physical abilities. Like above people, this so called Doctor never laid a hand on me, could not test strength or reflexes due to still healing from surgery and having cast on right leg. HOWEVER that did not stop this IME from stating I could crawl, stoop and bend with no problem!! Arm strength stated to be able to carry 50 lbs and 20 lbs all the time? I can not raise arms above head, missing reflexes due to cervical stenosis and lymphadenopathy. Fine motor ability lost in dominant hand, due to needed surgery on spine, however risk of surgical infection has caused me to keep putting off.
Well, 2017 January 3rd denied for LTD by Cigna. I with help of attorney filed appeal in appropriate time. June 16, 2017 deadline. Since appeal filed new diagnosis and surgeries scheduled. Letters from doctors, however, due to limited finances my ability to make 5-9 appointments a month plus paying for 22 meds even on Medicare with additional help has been impossible at times. New diagnosis documented, interventional pain management every two weeks for blocks and nerve ablations. Hearing loss left ear from radiation and tinnitus. Now over 6 months since filling of appeal and spine surgery approaching NO WORD FROM CIGNA. Not a an extension of time asked for as per ERISA LAWS…?
All of this through another dismal holiday. Uptown St. Clair once wrote ” The Rich get Richer, The poor get prison.” Well, for those of us waiting on the LTD we paid into, it becomes “The Rich (Cigna) keep scamming hard workers, while bringing in billion dollar profits and those of us who thought they were prudent and prepared if something happened to our ability to work, end up homeless and die”. Insurance companies and banks bailed out, forgiven of trespasses due to their ability to pay Law Suit penalties with little consequence to overall Quaterly Numbers and Stock Holders.
So, as it is negative seven degrees out, I heat my home with space heaters due to broken furnace I can’t afford to fix, water shut off notice, looming property taxes……..I wonder how many of us are there, who were left high and dry by CIGNA.? How many more there will be? And do those who could enforce the LTD policies WE PAID INTO WILL EVER TAKE NOTICE. If we were independently weathly and did not have to worry about working and therefore paying out of our pay checks, that saw no increase in 20 years, LTD benefits to protect us just in case of something happening to our ability to work, then we too would not know of the whole criminality of Insurance Companies like CIGNA. Then again, we all know whose pockets get lined to allow such injustices to occur.
Has anyone else filed appropriate papers and documents with a laywer for appeal of LTD Benifits from CIGNA, and not heard a decision over 6 months later? One year now since loss of LTD payments, ERISA LAWS seem only to protect insurance company like CIGNA from being sued for breach of contract and causing detrement in the lives of those who bought into such policies. Also, after appeal and say reinstatement, HOW LONG BEFORE I HAVE TO GO THROUGH THIS AGAIN. Hopeful to die and prevent my children from suffering and longer, making CIGNA and Life Insurance Company of North America, at least pay the life insurance I paid extra for.
Mary, six months is unheard of in a response on an appeal. It should be no more than 90 days, with some exceptions if there is outstanding information. Please feel free to contact our office to discuss your appeal and what is going on since the filing of same.
Past Medical Hx:
1st Heart attack Aug 2001 (age 51), after which I returned to work on a part time bases, 24 hrs per week/48 hrs. per pay period as an Acute Care Respiratory Therapist.
August 2015 I was diagnosed with OCCLUAR Myasthenia Gravis.
Sept 25th 2015 after returning home from work, I had another heart attack and was Medevac’d to Reno, had a Stent placement. Discharged from hospital 3 days later at 5PM, that night the Stent occluded 100% with a blood clot (3rd heart attack, 2nd in 4 days). Transferred via ambulance Code 3 back to Reno hospital where they did a thrombectomy to clear the stent and placed me on high potency dual anti platelet therapy for life to keep the stent from occluding again. My cardiologist who has been my cardiac physician since 2001 declared me “Disabled and no longer able to work, due to the cardiomyopathy and muscle wall damage.”
My Cardiologist worked his way through medical school as a Respiratory Therapist so he knows exactly the physical and mental activities and stress levels a Respiratory Therapist is exposed to. Most physicians do not know what a Respiratory Therapist does, only that they write orders for therapies and they get done, plus when things go bad they ALWAYS call for Respiratory Therapy, so we are involve with all life threatening situations in most medical facilities (equals high stress levels)!
Initially I was covered by UNUM for a period of time for short term disability, they treated me fairly and finished my contract with them. At that time I transitioned to CIGNA for LTD of 24 months, for which I had paid monthly premiums every payday, which should have run uninterrupted through March 24, 2018.
Dec 2015 Diagnosed with Central Sleep Apnea combined with Obstructive Sleep, plus PND – Paroxysmal Nighttime Dyspnea. My Pulmonologist explained this was common with patients that have “heart failure”, which obviously I have.
Aug 2016 I had a routine prostate biopsy that went terribly wrong due to the high potency of the blood thinners I’m required to take, the biopsy turned into an exsanguination, hemorrhagic shock, resuscitation, Medevac to med Center in Reno (again).
Nov 2016 CIGNA stopped benefits declaring that they determined I was able to return to work, in spite of my Cardiologist telling them NO that I was disabled, plus now I was dealing with the Myasthenia Gravis issues.
CIGNA told me to “appeal” the closure of my claim. Which I did, twice, denied both times by the review staff at CIGNA. I appealed again this time it went to PEER review, their doctor talking with my doctor, the claim was IMMEDIATELY reinstated and they paid my back benefits.
In early 2018 I was contacted by my CIGNA Case manager telling me CIGNA was paying me off through the end of my 24 month period and closing the claim as of March 24th 2018.
She also told me specifically to “appeal the claim and have it changed to a PERMENANT Disability Status.” I said I didn’t know that was an option at which point she stated, “yes it IS and I encourage you to appeal, but NOT before March 24, 2018 the end of your initial 24 month period.” I discussed the time period with her from Nov 2016 to March 2017 when CIGNA claimed I could back to work (against medical determination by a Cardiologist that had eyes on the patient), and stopped my benefits payments, leaving me with no income source during their extended appeals process. Her next statement surprised me referring to that time period between Nov 2016-Mar2017, “I’m so glad I wasn’t involved with that FIASCO! Then reiterated that I needed to appeal the closure of the claim AFTER March 24th 2017!
During that time period when I had no income, we decided to move from Calif to New Mexico to be closer to my daughter in case I had any further acute life threatening health issues.
Subsequent to moving to New Mexico my OCCULAR Myasthenia stabilized but became “generalized” with speech, swallowing difficulties, and easily fatigued. CIGNA was made aware of this as all Neurology notes from the University of New Mexico Dept. of Neurology, where the only Myasthenia Specialist in New Mexico practices. I started the Appeals process in April AFTER a visit with my Cardiologist who reiterated that I am STILL disabled and NOT to do any work, and to keep my stress levels as low as possible.
I was notified by my Cardiologists office that CIGNAS doctor had called while him for PEER review but he was out of the office. My cardiologist had at that point called CIGNAS doctors office twice and left messages which were never returned.
I contacted my “new case manager” at CIGNA related the story, she said she’d try to contact their doctor to “reach out to my doctor, do develop a dialog”. I then received a 30 day extension letter (number 2). That 30 day time period would have expired Sept 19, 2018, I just received (Sep 15, 2018) another 30 day extension letter today because the case was STILL under review!
This is the same MO CIGNA used in 2016-2017 to stall and delay and try to deny benefits (my cardiologist TOLD me in 2015 this would probably happen).
CIGNAs Occupational Dept determined I could do two jobs that would meet their 85% of income requirement, Clerks, which wouldn’t involve physical effort, but the use of computers and writing are difficult and exacerbate the Myasthenia Gravis.
However my income was based on working 24 hrs. per week/48 hrs per pay period.
No “Clerk” position meets that especially in the town where we live. I would have to work FAR in excess of 40 hrs. per week to equal the same salary I earned in the medical field. Plus my cardiologist STILL is adamant that I am NOT to work!
So with 3 heart attacks total, Central and Obstructive Sleep Apnea,
Occular (double and blurry vision) and Generalized Myasthenia Gravis, osteoarthritis in both hips and spine I received a pacemaker at the end of May 2018. After my heart attacks in 2015 my cardiologist told me I would be getting a pacemaker in the future due to the electrical circuitry of the heart being damaged and wearing out.
At this point I’m about at the end of my savings and patience waiting for CIGNA to stop stalling.
Do I need to threaten to or just go ahead an sue CIGNA to get them to acquiesce and reinstate my claim to permanent disability?
I feel punitive damages should be in order also as well as payment of back and future benefits.
Robert, this is certainly a lengthy and complicated set of circumstances including some question as to whether CIGNA is complying with the applicable Department of Labor claims regulations. I suggest you contact our office and speak with one of the attorneys to address your specific questions regarding your situation.
My husband worked for the same company for 30 years, the last nine without a sick day. He was approved for SSDI. Cigna paid short term, but just sent a letter that said he would not be paid his long term 2,000 a month. I have been disabled with lupus for years and we have an autistic adult son. Have lost everything. Please help.
Alice, it appears your husband will need to go through the administrative appeal process to secure his benefits with Cigna. Please contact our office to discuss your husband’s situation and to determine how we may be able to assist in fighting Cigna’s denial.