Karen Jette, formerly employed as a legal assistant, filed for short-term disability (STD) benefits on July 23, 2013, and subsequently applied for LTD benefits on August 16, 2013, due to lower back pain. United of Omaha Life Insurance Company initially approved STD benefits and later approved LTD benefits on May 6, 2014, after an appeal …
Mutual of Omaha
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Counts v. United of Omaha – Court Rules That United Of Omaha Must Pay LTD Benefits
Brenda Counts (“Counts”) previously worked as an employee of Denver Wholesale Florist-Flint as a flower sales specialist. Her job title was formally known as “Inside Sales Associate” which required “making sales calls, pulling product[,] and packing.” Through her job, she held a disability insurance policy with United of Omaha Life Insurance Company (“United”). Under this …
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Rowe v. United of Omaha – Claimant’s Failure To Apply For Social Security Disability Should Not Be Considered
The Magistrate Judge found that the defendant’s decision to deny benefits does not withstand the arbitrary and capricious standard of review and recommended that the case be remanded for further consideration. Defendant raises four objections to the R&R. The two most interesting objections were those where the defendant objected to (1) the application of the arbitrary and capricious standard of review and (2) the determination that the plaintiff’s failure to apply for Social Security benefits is irrelevant.
Smith v. United of Omaha – Pre-Existing Condition Or Unspecified Medical Problem?
Marcia L. Smith (“Smith”) worked as a property manager for Arlington Properties, Inc., and starting on March 1, 2016, she was covered under a long-term disability plan administered by United of Omaha Life Insurance Company and Mutual of Omaha Insurance Company (collectively, “United”). The plan provided the following as part of its exclusions: Three months …
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Koning v. United Of Omaha – Insurer Failed To Adequately Evaluate Medical Evidence
In this case, the court found that United of Omaha Life Insurance Company failed to evaluate the medical evidence presented adequately. The insurer ignored favorable evidence submitted by her treating physician(s), selectively reviewed the evidence it did consider from the treating physicians, failed to conduct its own physical examination, and heavily relied on non-treating nurses and other non-physicians.
Koning v. United Of Omaha – Insurer Failed To Adequately Evaluate Medical EvidenceRead More
Kerridge v. United Of Omaha – Medical Evidence Does Not Support Disability
On May 8, 2015, United informed Kerridge’s counsel by letter that it had denied Kerridge’s appeal. United indicated that its decision was based on the records from Dr. Wilson and the Cleveland Clinic, the other records in Kerridge’s file, and Dr. Zafar’s report from the IME. Kerridge filed a civil action in Federal Court seeking review of United’s decision.
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Kaiser v. Mutual of Omaha – Pre-Existing Condition Exclusion Does Not Apply
The fact that Dee was eventually diagnosed with cancer and that her shoulder pain “in retrospect” was caused by her cancer is not material to a determination of whether her medical care providers at the time of the medical treatment suspected cancer.
Kaiser v. Mutual of Omaha – Pre-Existing Condition Exclusion Does Not ApplyRead More