This video shows attorneys Gregory Dell and Stephen Jessup discussing the importance of treating physicians to document not only the claimants’ diagnosis, but how that diagnosis affects their ability to do their job. In a recent case handled by Mr. Jessup, the client suffered from multiple sclerosis (MS). There came a time when the debilitating disease took its toll on her. She suffered from pain, fatigue, falling spells, and inability to concentrate. Her application for short-term disability benefits was approved.

Her health continued to deteriorate, so she applied for long-term disability benefits based essentially on the same medical records, but her application was denied. Despite her diagnosis of MS, and her medical records containing detailed information about her complaints, her treating physician and Lincoln apparently confused her ability to perform her job with her ability to perform activities of daily living and her appeal was denied.

In Margueritte Kibel v. Aetna Life Insurance Company, the U.S. Court of Appeals for the Ninth Circuit, in a unanimous opinion, ruled that Margueritte Kibel had met her burden of proof and was entitled to long-term disability benefits. It remanded to the District Court with instructions to enter an award of benefits to her.

Kibel’s problems started in 2011 when she collapsed two separate times at work. Once in a meeting with a supervisor, and another time while entertaining clients. In January 2012, she was diagnosed with multiple sclerosis. Even so, she returned to work in March 2012, but after only a month, she had to quit. She made several other attempts to work before finally quitting in November 2013 and applying for long-term disability benefits. Aetna denied her claim.
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A Georgia disability attorney has filed a federal lawsuit in the district court serving the Northern District of Georgia Atlanta Division against Liberty Life Assurance Company Of Boston (Liberty Life). The Plaintiff, Barbara D., worked as a Senior Director of Chain Development for L’Oreal USA, Inc. (L’Oreal). Due to this employment, Plaintiff was eligible for an employee welfare benefit plan that was provided by L’Oreal, but was administered and funded by Liberty Life.
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Four Plaintiffs have filed lawsuits in the District Courts of Alabama, Florida, Missouri, and Kentucky against The Prudential Insurance Company Of America (Prudential) for the wrongful denial of disability benefits as defined by ERISA. In all four cases, Prudential is accused of wrongfully withholding the disability benefits as defined by the Plaintiff’s respective Plans.
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Employed at the Florida Coastal School of Law as a professor and later an associate dean for over ten years, Ms. Y was declared disabled by Prudential Life Insurance in a letter on January 21, 2011, but has not received any payments of those benefits six months later. In an attempt to collect her disability benefits, Ms. Y and her Florida disability attorney filed a federal complaint in the United States District Court of Florida.
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