The Disability Application

A South Carolina disability attorney recently filed a lawsuit at the District Court for the District Of South Carolina against the Aetna Life Insurance Company (Aetna Life) for violations under the Employee Retirement Income Security Act of 1974 (ERISA). In Janice Cole vs. Aetna Life Insurance Company, Community Health Systems, Inc. d/b/a Springs Memorial Hospital; Springs Health Care, Inc.; and The Community Health System Long Term Disability Group Plan, the plaintiff Janice Cole claimed that Aetna Life wrongfully denied the plaintiff her claim for disability benefits under the Springs Memorial Hospital’s employee welfare benefit plan and is seeking actual disability benefits, attorney’s fees & costs, pre-judgment interest, statutory penalties and other equitable remedies through the Court.
Read more »

In the case of James E. Mugan Vs Hartford Life Group Insurance Company, the plaintiff was a participant in the Cantor Fitzgerald employer sponsored long term disability. Mr. Mugan suffered from a heart condition and cognitive impairment. The plaintiff brought a disability lawsuit through his New York Disability lawyer under the Employee Retirement Income Security Act (ERISA) alleging that the Hartford’s decision to terminate his benefits was arbitrary and capricious and was motivated by conflict of interest. The New York District Court however, held that:

• Hartford’s decision to terminate LTD benefits was not arbitrary and capricious.
• While structural conflict of interest existed, it was not significant factor in administrator’s decision.
• The administrator could counterclaim for alleged overpayment of benefits.

Let us examine the case more closely.
Read more »

Generally, disability insurance companies do not try to deny an insured’s claim for short term disability benefits as the amount of benefits paid out is usually not substantial. Nevertheless, this does not mean that disability insurance companies always approve a claim for short term disability benefits. The recent case of Desiree C. Stasen Vs The Prudential Insurance Companies Of America (Prudential), filed by a Pennsylvania disability attorney at the District Court for the Eastern District Of Pennsylvania, goes to show that even applications for short term disability benefits are not immune to denial of claims by disability insurance companies. Let us have a closer look at this case.
Read more »

An Ohio disability attorney filed a legal action at the District Court for the Southern District of Ohio recently against the Prudential Insurance Company of America (Prudential) for violations of the provisions under the Employee Retirement Income Security Act (ERISA). In Marylee Duvall Vs Prudential Insurance Company of America, the plaintiff Marylee Duvall alleged that Prudential had arbitrarily and capriciously denied her claim for disability benefits by ignoring all the evidence submitted by the plaintiff to support her claim.
Read more »

Recently, a Colorado disability attorney filed a lawsuit against the Prudential Insurance Company of America Disability Management Service (Prudential) at the El Paso County’s District Court, Colorado. In Pamela J. Koehiler vs the Prudential Insurance Company of America Disability Management Service, the plaintiff is suing Prudential for failing to reinstate and pay her long term disability benefits.
Read more »