Anyone familiar with LTD Insurance claims and ERISA knows that you must first exhaust your administrative remedies before filing suit. In other words, you have to try and convince the LTD insurer to reverse its decision to deny the claim for benefits. While this may seem like an difficult task…
Long Term Disability Insurance Lawyer Blog
CIGNA REVERSES LTD CLAIM DENIAL ON APPEAL
SMDA recently convinced Cigna to overturn a claims denial decision by filing a comprehensive administrative appeal of the LTD claims denial decision. SMDA was hired by a client who worked for Norwegian Cruise Lines who developed significant back problems. His back problems became so severe that he was put off…
SMDA Partner wins 7 figure Verdict
While this blog is normally devoted to all things Long Term Disability, I wanted to give a shout out to my legal partner, Phil Serafini who obtained an outstanding result in a automobile no-fault case. SMDA was contacted by the mother of a minor who was involved in a serious…
6TH CIRCUIT COURT OF APPEALS OVERTURNS AETNA”S LTD DENIAL DECISION
A panel of the 6th Circuit Court of appeals recently overturned Aetna Life Insurance Company’s decision denying LTD benefits to one of our client’s. In Mckenna v Aetna Life Insurance Co. the court found that Aetna improperly rejected our client’s claim for benefits. In sum, although it is Appellant’s burden…
LONG TERM DISABILITY INSURER APPROVES BENEFITS CLAIM AFTER REMAND
In a case mentioned previously on this Blog, a Long Term Disability Insurer (MetLife) reversed its claims denial decision upon remand from Federal Court. The client last worked in 2009 and can expect more than five years of past due benefits. This is an unusual circumstance for a case with…
Off Topic-Terrible Michigan Supreme Court Decision
While this Blog is usually devoted to issues involving LTD claims and cases, I felt I needed to go off topic for a minute. The Michigan Supreme Court issued a decision this past week in a case where a disabled young man drowned in a public swimming pool. Investigation revealed…
6TH CIRCUIT ISSUES MAJOR DECISION -DISGORGEMENT OF PROFITS EARNED BY INSURANCE COMPANY NOT ALLOWED
In Rochow v. Life Ins. Co. of N. Am., 2015 U.S. App. LEXIS 3532 (6th Cir. 2015), the Sixth Circuit Court of Appeals (the Court) en banc overturned a previous decision of a 3 judge panel that had allowed plaintiff’s claim for the disgorgement of profits earned by the disability…
FEDERAL COURT FINDS METLIFE ABUSED ITS DISCRETION-ORDERS INSURER TO PAY LTD BENEFITS
The US District Court for the Eastern District of Michigan recently determined that LTD Insurer-MetLife wrongfully denied a claimant’s request for LTD benefits. SMDA was retained by the claimant after her administrative remedies had been exhausted and suit had been filed. The client had been employed as an Audit Manager…
SMDA prevails in LTD insurance appeal against Cigna
SMDA recently convinced Long Term Disability Insurer Cigna to reverse its original claims denial decision by filing a comprehensive administrative appeal. SMDA was retained by a very nice client who was having significant mental health problems that were significantly aggravated by stress. The client retained our firm after Cigna rejected…
Long Term Disability Insurer Agrees to pay Partial Disability Benefits to Physician
SMDA recently convinced Long Term Disability Insurer, Lincoln Financial Group, to reverse its decision to deny Disability Benefit payments to a Physician. Our client had developed a degenerative orthopedic condition that resulted in several joint replacement surgeries. Lincoln Financial voluntarily paid Total Disability benefits while the client was recovering from…