In May of this year, a four year Targeted Market Conduct Examination of CIGNA and Life Insurance Company of America (LINA)’s Disability Income Insurance Claim Handling Practices was concluded by the Departments of Insurance in Maine, Massachusetts, California, Connecticut and Pennsylvania. Review the Regulatory Settlement Agreement of May 13, 2013.…
New Jersey Disability Lawyer Blog
The Importance of Medical Support For Your Disability Claim
A key to a successful disability claim is support from your treating doctors. They will be called upon to complete forms and often are requested to speak with medical consultants from the insurance companies who will ask them to confirm your restrictions and limitations. We recognize the importance of working…
CIGNA Agrees to Review Disability Claims Denied 2009-2010 and Change Disability Denial Practices
A four year Targeted Market Conduct Examination of CIGNA and Life Insurance Company of America (LINA),’s Disability Income Insurance Claim Handling Practices was just concluded by the Departments of Insurance of Maine, Massachusetts, California, Connecticut and Pennsylvania. Review the Regulatory Settlement Agreement of May 13, 2013. See CIGNA’s discussion of…
Supreme Court to Rule on Time Limitations for Filing ERISA Insurance Lawsuits
The Supreme Court of the United States recently granted certification in the matter of Heimeshoff v. Hartford Life & Accident Ins. Co., 496 Fed. Appx. 129 (2d. Cir. 2012), in which the Second Circuit determined that Heimeshoff, who had been denied disability benefits in 2005, had no remedy against Hartford…
Disabled Nurses
Disability insurance policies provide benefits if you cannot perform the duties of your occupation. How does this apply to nurses working in a specialty? The insurer may categorize nurses as a registered nurse and overlook the demands of the medical specialty. A neonatal nurse or emergency room nurse needs mobility…
Forum Selection Clauses in ERISA Disability Insurance Policies Found Unenforceable
As a general rule, litigation over matters of insurance coverage should take place in the Federal or State forum in which the insurance contract is signed. However, disabled claimants are sometimes surprised to learn that their policy contains a “forum selection clause”–a provision in the policy dictating that any litigation…
How to Prove Your Disability Based on Fibromyalgia or Chronic Fatigue Syndrome
If you are suffering from fibromyalgia or chronic fatigue syndrome (CFS) and need to go on disability, chances are that you will receive push back from your short term or long term disability insurer. Insurers often resist claims based on fibromyalgia and CFS. More often than not, insurers will require…
Working While Disabled–Why You May Be Entitled to Disability Benefits Before Leaving Work
As disability attorneys, we often meet with individuals who have continued working after developing a disabling condition for various reasons, both financial and professional. Insurance companies will often refuse to find a claimant disabled until he or she stops working entirely. However, some individuals may have a legitimate disability claim…
Residual Disability Coverage – Does it Pay?
As the Wall Street Journal recently discussed, residual benefits might be a useful option in the case of a professional who becomes ill and, after a period of recovery returns to work on a reduced schedule and therefore loses incomes. If the policy was issued in the 80’s or 90’s,…
ERISA May Apply to an Individual Policy if Purchased with Other Employees With a Premium Discount
Often employees are offered individual disability policies at a discounted rate if purchased with other employees. The employee may deal directly with a broker or the insurance company to purchase the policy, with the only employer connection a payroll deduction for premiums. The employees expect they have purchased an individual…