Depression / Anxiety: Disability Application Cases Archive

One of the most difficult disabling conditions to prove is depression or anxiety. These disability claims are difficult since there is no objective test that can prove a person has anxiety. A person that is diagnosed with depression / anxiety usually looks normal but his/her ability to function and work is severely limited. In a disability claim, the insurance company will rely on a hired psychologist or psychiatrist in order to determine if the claimant has restrictions caused by depression / anxiety. A claimant’s treating psychologist or psychiatrist might not have detailed office notes and the insurance company will state that the claimant’s doctor has not documented any restrictions or limitations.

Oklahoma Court Overturns an Aetna Denial of Disability Benefits

All too often an insured’s claim for short term disability benefits is approved by their disability insurance carrier only to have the subsequent claim for long term disability benefits, which uses the same medical information used to approve the short term disability claim, denied by the insurance company. It is frustrating, illogical and inherently wrong to say the least. Arrogantly, the disability insurance companies, typically “protected” by the auspices of ERISA and the insurance industry friendly arbitrary and capricious standard of review, argues that they provided a full and fair review of the claim and that it has done nothing wrong in denying the claim. However, every now and then common sense does prevail.
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The Beginning of the End for Mental Health Limitations?

The overwhelming majority of ERISA governed, employer provided disability insurance policies contain a 24 month limitation on benefits due to disabilities caused by a Mental Health condition. Although the language and extent of the limitations can vary depending on the insurance carrier there will almost always be some limitation written in your policy. Despite efforts by insureds and lawyers to challenge these limitations under the American with Disabilities Acts, Courts throughout the country have deemed them enforceable. However, a recent federal court opinion in Montana may have opened the door as to how to effectively challenge these limitations.
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Anthem Denies Disability Benefits for Plaintiff’s Pre-Existing Condition

This case was not handled by our office, but claimants may find it instructive on the topic of treatment for pre-existing conditions during a waiting period for benefits established by an insurer as well as on the topic of being disabled from a claimant’s own occupation.
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Standard Insurance Company Sued By Wellbridge Company Employee For Failure To Provide Long Term Disability Benefits

In Alec L Vs Standard Insurance Company, Plaintiff seeks the long term disability benefit payments that were wrongfully denied to him under the terms of the Plan.

The Plaintiff has filed this lawsuit against Standard Insurance Company (Standard), who issued a long term disability plan for Wellbridge Company, who employed the Plaintiff as a Senior Sales Representative. The Plan met the requirements of the Employee Retirement Income Security Act (ERISA) of 1974. Oregon.
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Standard Insurance Company Sued By Wellbridge Company Employee For Failure To Provide Long Term Disability Benefits

In Alec L Vs Standard Insurance Company, Plaintiff seeks the long term disability benefit payments that were wrongfully denied to him under the terms of the Plan.

The Plaintiff has filed this lawsuit against Standard Insurance Company (Standard), who issued a long term disability plan for Wellbridge Company, who employed the Plaintiff as a Senior Sales Representative. The Plan met the requirements of the Employee Retirement Income Security Act (ERISA) of 1974. Oregon.
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