Nearly all long-term disability insurance policies exclude coverage for disabilities caused or contributed to by “pre-existing” conditions. Although the 2014 Affordable Care Act known widely as “Obamacare” now prohibits pre-existing condition exclusions in health insurance policies, it is important to understand that this law does not apply to disability insurance. The legitimate purpose for these [...]
Most of RW's clients are highly driven, successful professionals and executives. As a group, these are people who have a great deal of themselves invested in their careers, emotionally, financially, and even in terms of their identities. Our clients do not want to be disabled. People like this deserve the benefit of the doubt when [...]
ERISA Long Term Disability This case resulted in a favorable reported decision from the Eleventh Circuit Court of Appeals. The Court rejected a reading of disability policies which would unfairly deny a broad class of claims, and adopted a more practical, realistic analysis of competitive employment for analyzing disability claims.
ERISA Long Term Disability Our client graduated first in his class from a highly respected private law school. After practicing successfully for more than twenty years he suffered a "mild" traumatic brain injury when his car was rear-ended by a speeding car. He became unable to handle the cognitive and emotional demands of his sophisticated [...]
Private Long Term Disability and Insurance Bad Faith | U.S. District Court for the Northern District of Georgia Our client was a former family practice doctor disabled by chemical dependency, who also became blind in one eye after his disability started. Client’s submissions to the insurer did not address his blindness. We filed suit, and [...]
ERISA Long Term Disability | U.S. District Court for the Northern District of Georgia This was a fairly straightforward claim for disability benefits, but before the case settled it yielded a reported decision generally helpful to ERISA claimants in this jurisdiction. Over the insurer’s objection, Judge Thrash held that the insurer could be held liable [...]
ERISA Long Term Disability | U.S. District Court for the Northern District of Georgia This disability case involved a rare middle ear condition known as “endolymphatic hydrops,” a precursor to Meniere’s disease. This condition causes balance problems, nausea and sensitivity to pressure changes. The firm assisted in developing persuasive medical evidence, including additional testing for [...]
Life Insurance, Bad Faith This case involved the pre-suit settlement of several life insurance claims for $6,500,000.00, over 93% of the value of the policies. The Insurer wrote $7,000,000.00 in coverage on an 80 year old man with a history of bladder cancer, longstanding high blood pressure and a first degree atrioventricular block. The insured [...]
Accidental Death & Dismemberment, ERISA Man with 22 year work history as commercial airplane mechanic injured in explosion at work for Delta. His doctors felt he had a traumatic brain injury causing total, permanent disability. Prudential and Delta's workers compensation carrier relied on non-treating doctors who accused the client of exaggerating and malingering. We arranged [...]
RW overcomes Sedwick/Delta denial of benefits for Positional Orthostatic Tachycardia Background The claimant in this short-term disability case became disabled following a vacation to Dubai. While in Dubai, the claimant contracted a serious upper respiratory infection, thought to be viral in nature. As a consequence, he began suffering from severe fatigue and insomnia, as well [...]
