I recently had two hearings with clients who were, in my estimation, disabled according to Social Security rules at the time of the hearing. Both clients had CE reports in their Social Security file supporting their claims of disability. Both clients were alleging disability going back to 2006, but their claims were not filed until…
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In Hamilton v. Standard Insurance Company, the Fifth Circuit Court of Appeal upheld the insurer’s decision to deny long-term disability benefits to a disabled worker. In this case, a phone company employee submitted a claim for long-term disability benefits alleging MS, fibromyalgia, and Lyme disease. The long-term disability insurer denied the claim and the Court’s…
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Basic Facts: My client was a married 37 year old female, with three children. Her past relevant work was as a receiving coordinator and a sales associate at a retail store, and fast-food manager/working supervisor. Disabling Condition: She left her last job due to severe fatigue, dizziness, nausea, headaches, and weakness. The claimant had two…
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That’s the ruling in the recently released United States Fifth Circuit Court of Appeal case of Lauren Bray v. Fort Dearborn Life Insurance Company (No. 07-11001 filed March 9, 2009). The Fifth Circuit upheld the District Court’s opinion that Fort Dearborn’s decision to stop Bray’s “own occupation” long-term disability benefits was an abuse of discretion in this ERISA benefits…
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At least that was the decision of the United States Fifth Circuit Court of Appeal in the case of Robert R. Burtch v. Hartford Life and Accident Insurance Company (Case No. 08-30513, filed March 19, 2009). The decision was reached because Mr. Burtch was required to walk “frequently” in his job, but the Hartford’s consulting…
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