RW Federal ERISA Lawsuit Creates Favorable Law for Insureds – Insurers Can Be Held Liable for Document Non-Disclosure Penalties Under ERISA

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 [...]

2021-10-26T14:48:03+00:00
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RW federal ERISA Lawsuit Leads to Confidential Settlement with Aetna – Business Consultant with Rare Middle Ear Condition (“endolymphatic hydrops,” a precursor to Meniere’s Disease)

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 [...]

2021-10-26T14:44:33+00:00
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RW Pre-suit Insurance Bad Faith Demand Leads to Recovery of $6.5M in Previously Denied Life Insurance Benefits (Indianapolis Life Insurance Company)

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 [...]

2021-10-26T14:40:40+00:00
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RW ERISA Appeal Recovers $950,000 Accidental Death & Dismemberment from Prudential, Proving That Traumatic Brain Injury Led to Total and Permanent Disability

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 [...]

2021-10-26T14:36:44+00:00
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RW ERISA Appeal Recovers Disability Benefits for Delta Sales Analyst, Overcomes Sedgwick/Delta Denial of Benefits for Positional Orthostatic Tachycardia

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 [...]

2021-10-26T14:31:39+00:00
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RW Pre-suit Demand Recovers Millions in Disability Benefits Orthopedic Surgeon, Overcoming Lloyd’s Attempt to Assert Pre-Existing Condition Exclusion

Our client, a renowned and highly successful orthopedic surgeon who specialized in hip and knee-replacement surgery, took out a high-premium, high-coverage disability policy with Certain Underwriters of Lloyd’s. High-end disability policies are often referred to colloquially as “Cadillac” policies. In this case, it was more like a “Rolls-Royce” policy. The orthopedic surgeon paid very high [...]

2021-10-26T15:11:31+00:00
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RW Federal Lawsuit Leads to Confidential Settlement: OB-GYN Successfully Challenges Unum’s Denial of Multimillion-Dollar Claim for Lifetime Disability Benefits

Our client was an obstetrician/gynecologist (OBGYN) who became disabled following his fourth back surgery. Provident (later UnumProvident and now Unum), the insurance company, approved the doctor for disability benefits. Unum, however, described the OBGYN’s disabling condition as “degenerative disc disease,” which was a major problem. Ordinarily it is the existence of a disabling condition that [...]

2021-10-26T13:55:42+00:00
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RW Appeal and Lawsuit Convinces MetLife to Settle Complex Accidental Death Claim

In this interesting claim on an Accidental Death and Dismemberment insurance policy, RW had the privilege of representing a widower who unexpectedly lost his wife due to an accident in the home.  Shortly after midnight, our client’s wife walked into her kitchen to get a drink of water and a midnight snack. She walked into [...]

2021-10-26T13:23:53+00:00
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US Department of Education is discharging billions in outstanding student loans for borrowers with disabilities.

A significant advancement for those suffering from mounting student loan debts who can not work due to disabilities was made by the DOE last week. This is a big win for hundreds of thousands of people who cannot work due to significant disabilities. The U.S. Education Department announced Thursday that it is discharging the outstanding student loans [...]

2021-10-21T17:34:56+00:00
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RW Assists Attorney with Severe Rheumatoid Arthritis Overcome a Termination of Benefits When Treating Physicians Ignored Insurer Requests

Sometimes the biggest problem with a disability claim is the reluctance of treating physicians to become involved in the process. In a disability claim, the deck is already stacked against you. The insurance company has access to an endless parade of consulting doctors willing to say that there is insufficient evidence of your disability. To [...]

2023-09-19T22:05:48+00:00
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