Plaintiff Laverne Robinson brought a lawsuit against Aetna Life Insurance Company (“Aetna”) and Mondelez Global LLC Employee-Paid Group Benefits Plan (“the Plan”) for unpaid long-term disability (“LTD”) benefits under the Employee Retirement Income Security Act of 1974 (“ERISA”). Robinson was a former utility machine operator for Mondelez. As an employee, she could receive disability benefits under the Plan. Aetna served …
What Not to Say at Your Social Security Disability Hearing
If you’ve filed a Social Security Disability claim and are headed to a hearing before an Administrative Law Judge (ALJ), it’s essential to be prepared. Knowing what to say and what not to say can make a significant difference in the outcome of your case. In this article, we’ll explore some common mistakes claimants make …
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Medical Examinations for Social Security Disability Claims
You may be here because either your Administrative Law Judge or the Department of Disability Services (DDS) arm of the Social Security Administration (SSA) has scheduled an appointment for you to see one of their doctors, either a medical doctor or psychologist. These are commonly called Medical Examinations (ME) or Consultative Examinations (CE). Refer to …
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Court Finds Plaintiff Failed to Meet His Burden of Proof for Long-Term Disability
On April 7, 2023, the United States District Court for the District of Massachusetts decided an ERISA long-term disability insurance case against the Unum Insurance Company of America. The Court ruled in favor of Unum. The claimant worked with Symbiotic LLC Plan as the Director of Software Quality Assurance. He had worked in the computer software and information …
Court Finds Plaintiff Failed to Meet His Burden of Proof for Long-Term DisabilityRead More
Can Your Long-Term Disability Insurance Company Force You to Use a Social Security Disability Claims Service?
If you’re applying for long-term disability insurance, you may be required to apply for Social Security disability benefits along with your LTD claim. You may even be offered the services of companies like Allsup and Advantage 2000 to assist with your claim. However, as a knowledgeable long-term disability/ERISA and Social Security Disability attorney, I strongly …
Arenson v. Unum – Court Ruled In Favor of Unum Under Deferential Standard of Review
Today we review Arenson v. First Unum Life Insurance Company that was decided by the United States District Court for the Northern District of Illinois. Gregg Arenson was a futures and options trade broker. He sued his former employer’s benefits administrator, First Unum Life Insurance Company (hereinafter “Unum”) under ERISA. He challenged Unum’s denial of …
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Moseley v. Unum – Unum Should Have Ordered an IME to Determine if Disability Was Mental or Physical
Unum paid long term disability (LTD) insurance benefits to Susan Moseley, but stopped paying after a period of time pursuant to the mental illness limitation in her long term disability policy (a policy is also called a “plan” of benefits). Moseley appealed the case all the way to federal court, arguing that Unum abused its …
Opening an Encrypted CD from the SSA
The Social Security Administration maintains all Social Security Disability claim files in an electronic format. The instructions below will walk you through the process of obtaining and opening an encrypted CD from the SSA. How Do I Get a Copy of My Social Security Disability File? A claimant and/or an authorized representative has the right …
Marselle v. Unum – Kentucky District Court Finds Unum Made a “Reasoned Determination”
Jonni Marselle was covered for long term disability (LTD) benefits under a group plan provided to Humana, Marselle’s former employer. Marselle was a consultant with Humana. The position was sedentary as it required her to constantly sit, occasionally stand, and occasionally walk. She mostly did computer work. Her disabilities included immunodeficiency, serious back pain, sinus …
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Foss v. Standard – “Own Occ” is With Any Employer, Not With Specific Employer
I’ve been away from case summaries for a bit. Going to turn that around with a recent decision in Foss v. Standard Insurance Company, Case No. 20-cv-2449, decided by the United States District Court for the District of Minnesota on August 19, 2022. Unfortunately, the Court ruled in favor of the insurance company. Plaintiff Caroline …
Foss v. Standard – “Own Occ” is With Any Employer, Not With Specific EmployerRead More