What is the experience of the person making a decision to approve or deny a claim for disability insurance benefits? For additional information contact Attorneys Dell & Schaefer at 888-Say-Dell or visit www.diattorney.com for a free consultation.
Terminated February 26, 2011 from Jeld-Wen, presumably due to her disabling condition, Donna Wachhaus has filed a lawsuit in the United States District Court for the Middle District of Pennsylvania against Cigna Group Insurance and Life Insurance Company of North America for her disability benefits. Employed at Jeld-Wen as a window assembler since April 10, 1989, Wachhaus went on medical leave in late August of 2009. She remained on medical leave until February 26, 2010 when she was terminated as a result of her “Disability-Unable to Return” status.
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Recently, a lawsuit was filed against the Prudential Insurance Company of America (Prudential) by a Georgia disability attorney at the District Court for the Northern District of Georgia. In Robert Lucas v The Prudential Insurance Company of America, the plaintiff Robert Lucas claimed that Prudential had acted unreasonably, arbitrarily and without any justification in denying his claim for long term disability benefits.
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With no consideration of the job description of Bobby Hankins position as Director of Security for Stephens Inc., Standard Insurance Company denied Hankins’ long term disability claim, forcing Hankins to file a Complaint in the United States District Court for the Eastern District of Arkansas Western Division. As a stipulation of ongoing employment with Stephens Inc., Hankins had to be able to “run or walk 1.5 miles in under 15 minutes and 54 seconds . . . run 300 meters in under 66.0 seconds . . . perform a vertical jump of at least 15.5 inches . . . bench press at least 78% of [his] body weight . . . and perform at least 30 sit ups in one minute.”
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Heart related disabling conditions are a common reason for claimants to file a long-term disability benefit claim with their insurance company. While there are objective reasons for a disability insurance company to consider approving a disability benefit claim, sometimes disability insurance companies overlook subjective reasons such as fatigue and side effects of heart medication and deny disability benefits to the claimant.
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