On May 8, a federal court in Washington state held that Aetna must pay back and future long-term disability benefits that had been denied to a claimant with multiple sclerosis, depression and other impairments. The judge was especially troubled by the insurer's practice of "cherry-picking" through the medical evidence in the record.
A disability-insurance claimant filed a lawsuit last week that contains alarming allegations of insurance company claims processing practices based on profit motives, rather than on good-faith efforts to determine whether claimants are disabled under the terms of their policies.
A federal appeals court said on May 3 that an injured claimant’s long-term disability benefits had been wrongfully terminated. An important issue in this case is the use by an insurance company of video surveillance of a claimant going about his daily life.
In our last post, we talked about the increasing understanding of chronic fatigue syndrome, a disease that presents unique challenges in a long-term disability claim. As we wrote, while the symptoms of CFS are subjective, rather than being objectively provable via medical testing or observation, research is beginning to uncover subtle physical changes associated with CFS patients.
Here at Roboostoff & Kalkin, we have represented many people who are disabled because of medical conditions that can be hard to prove, giving disability insurance companies an excuse to deny their claims. Chronic fatigue syndrome, known as CFS, is a classic example of this type of illness with its myriad of subjective symptoms.