ERISA Disability and Life Insurance Litigation
Oral arguments from various courts of appeal across the federal circuits involving long term disability or life insurance claims governed by ERISA.
The podcast is a production of Ben Glass Law, a national long term disability and life insurance law firm headquartered in Fairfax, VA.
If you have been denied life insurance or long term disability benefits, we will review your insurance claim denial letter for free.
Episodes
46 episodes
Ben Glass argues after Aetna Cuts Off Benefits After Seven Years
This is a case that Ben Glass argued in the 4th Circuit Court of Appeals in November. It involved a former Cox Enterprises employee who's benefits were terminated by Aetna, the plan administrator, after seven years of payments.Ben argue...
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42:24
How Did the Court Expose Reliance Standard’s Flaws in Terminating the Claimant’s Benefits?
In this episode, we explore a financial advisor's battle against the wrongful termination of his long-term disability benefits. He was a financial advisor at Fulton Financial Corporation, where he began working in 2009. In 2014, h...
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Episode 45
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1:05:04
How Did Procter & Gamble Change the Claimant’s Status From Total to Partial Disability?
The episode revolves around the denial of the claimant's claim for long-term disability benefits. The claimant was an employee at Procter & Gamble for many years. His role required him to perform various duties, which he could...
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Episode 44
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30:33
Can Sun Life Terminate Disability Benefits Based on One Medical Record's Opinion?
Can an insurance company really decide you're no longer disabled based on just one medical record? This episode begins with the story of Dr. Rohr, an anesthesiologist who had to stop practicing due to crippling h...
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Episode 43
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32:26
What Treatments Did the Claimant Undergo to Prove Her Disability?
DISCOVER how one woman's struggle with her insurance company highlights the difficulties of getting long-term disability benefits. Occupation: Insurance sales agent.Medical Condition: Persistent and sever...
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Episode 42
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36:09
Can Insurance Companies Ignore Treating Physicians' Opinions?
LISTEN TO THIS EPISODE to find out how a founder and innovator fought against his insurance company for his long-term disability claim. The primary issue was whether Aetna's denial was random and unfair, particularly when their ow...
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Episode 41
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22:40
What Could Have Been Done Differently to Protect the Claimant's Rights to Disability Benefits?
IN THIS EPISODE, we take a closer look at the story of a former employee at a dental supply company who suffered a traumatic brain injury from a fall down a flight of stairs. Despite thorough treatment, she continued to suf...
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Episode 40
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29:25
What Specific Requirement Did Hartford Fail to Meet in The Claimant's Disability Claim?
THE CLAIMANT was a former employee at Wright Medical Technology. He was suffering from the side effects of prostate cancer treatment when he applied for long-term disability benefits. But, his insurance company, Hartfor...
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Episode 39
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32:33
Did Hartford Rightly Terminate the Claimant's Benefits Based on a 24-Month Cap Policy?
TUNE IN to find out why the DSM (Diagnostic and Statistical Manual of Mental Disorders), often seen as the ultimate guide, might not be as reliable as we think. Discover why re-evaluating these standards could be key to making ins...
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Episode 38
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17:20
How Did the Claimant's Attorney Argue Against UNUM's Decision in the Appeal Process?
In this episode, the claimant was employed as a Security Director at Manhattanville College, where he experienced several health conditions, including:Aortic valve replacement in August 2010Paroxysmal atria...
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Episode 37
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26:26
What Additional Evidence Did the Claimant Submit During the Reopened Record Review?
According to the physical demands analysis submitted by his employer, the claimant's job at Tower Hill Insurance Group required him to:Sit for a maximum of two hours at a time, for a total of seven hours a day.Stand or walk...
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Episode 36
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33:01
For Health Care Providers - How to Buy Long-Term Disability Insurance
How to Buy Long-Term Disability InsuranceIn today's podcast, listen in to a recording of a presentation long-term disability attorney Ben Glass recently gave to a national gathering of nurse anesthetists. During the session, Ben s...
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Episode 35
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46:45
Why Did the Appellant Challenge the Denial of her Disability Benefits as Bad Faith?
The claimant was a former respiratory therapist and a director at Athens Limestone Hospital before she ceased working on October 12, 2012, due to multiple health issues.The disabling conditions she claimed included:Fibrom...
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Episode 34
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23:47
How Does the Claimant's Pre-Existing Condition Affect His Claim for Long-Term Disability Benefits?
The claimant, a former truck driver, was diagnosed with two primary medical conditions. Initially, he was diagnosed with Posterior Vitreous Detachment (PVD) in his right eye. Subsequently, a retina specialist diagnosed him with Macula-off Retin...
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Episode 33
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27:12
How does the claimant refute Reliance Standard's assertion that he returned to work?
The claimant was a former salesperson, experienced serious physical and cognitive limitations following a car accident. These impairments, which affected his sustained attention, information processing speed, and neuromotor functioning, signifi...
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Episode 32
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24:36
What Led to the Termination of the Claimant's Disability Benefits Despite Medical Evidence?
The claimant, a plant manager, left his job due to a series of strokes and heart problems. His medical conditions included high-grade stenosis (narrowed blood vessels), hypertension, diabetes, two strokes, serious coronary artery disease leadin...
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Episode 31
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54:55
Was the Termination of Long-Term Disability Benefits Justified Due to Alleged Malingering?
The claimant was an Enterprise Storage Engineer who encountered severe health challenges due to hydrocephalus, requiring surgery to remove a brain cyst. Following this, he applied for long-term disability benefits, but his insurance com...
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Episode 30
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26:41
Can On-Call Hours Count Toward Full-Time Employment Status for Disability Claims?
The claimant was a physician, who transitioned from part-time to full-time disability due to her deteriorating health condition. But her application for long-term disability benefits, which is governed under the complex umbrella of ERISA was de...
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Episode 29
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34:06
How Did the Outcome of the Claimant's Benefits Reinstatement Impact the Court's Decision on Legal Fees?
The claimant appealed the district court's decision to deny his motion for attorney's fees under ERISA after Unum Life Insurance Company of America terminated his long-term disability benefits. The claimant argued he deserved to h...
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Episode 28
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20:50
How Did Starting the Limitations Clock Early Affect the Claimant's Lawsuit Against Prudential?
The claimant, a former accountant, was diagnosed with mild cognitive impairment by a board-certified neurologist and determined by a medical doctor specializing in occupational medicine to be unable to work due to his condition. These diagnoses...
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Episode 27
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27:00
How Do Self-Reported Symptom Policies Apply to Reinstating Denied Claims?
The claimant, a former sociology professor at Rollins College, dedicated her career to teaching, advising students, developing courses, grading papers, and contributing to academic research and writing. Unfortunately, her career and daily life ...
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Episode 26
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36:14
What Happens When Your LTD Claim is Denied Twice?
The claimant was a former social worker at Intermountain Health Care Inc. Her medical conditions included Chronic Fatigue Syndrome (CFS), hypersomnia, obstructive sleep apnea, severe depression, and anxiety. Her treatment for these conditions ...
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Episode 25
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33:37
How Does a Successful Appeal Lead to Reinstating Terminated Disability Benefits?
The Supreme Court has established a principle for cases challenging the denial of benefits under the Employee Retirement Income Security Act (ERISA). According to this principle, such denials should generally be examined anew (de novo) unless t...
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Episode 24
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35:22
Your Employer Switches Insurance Companies for Disability - Can You Recover from Both Policies?
Before her health issues, the claimant was a distinguished attorney in Birmingham. Unfortunately, she developed chronic pain syndrome, fibromyalgia, and lumbar disc disease, conditions that deeply affected her professional life and dai...
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Episode 23
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39:44
Should the district court maintain control over an ERISA-related lawsuit while the insurance company Principal reevaluates the benefits decision?
Here, the claimant was a night-shift nurse at a long-term care and skilled rehabilitation center grappling with multiple health issues, including fibromyalgia, chronic fatigue syndrome, degenerative disc disease, and migraines, which significan...
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Episode 22
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17:35