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October is National Disability Employment Awareness Month

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Employers, schools and organizations of all sizes are encouraged to participate in  National Disability Employment Awareness Month. This is a national campaign that raises awareness about disability employment issues and celebrates the many and varied contributions of America’s workers with disabilities.

While we think of accidents as a leading cause of disability, it is more likely that a person will become disabled due to an illness. Frequent contributors include chronic fatigue, carpal tunnel, back pain, depression, or macular degeneration.

Business professionals and medical experts who are diagnosed with an unexpected disability are particularly at risk of losing a significant income stream.

Your Legal Rights to Disability Benefits

The disability attorneys at Kahn & Resnik, P.L. are experienced in working with doctors and business professionals who have trouble obtaining expected disability insurance benefits. We understand potential coverage issues, including:

  • Date at which benefits become available (elimination periods)
  • Length of time benefits are received
  • Compensation history on which benefits are calculated
  • Definition of comparable work
  • Full-time versus part-time work
  • Estimates of future earnings
  • Total disability versus residual or partial disability claims

Our attorneys have helped many professionals pursue disability benefits in claims against the country’s leading disability insurance carriers throughout the United States.

Fort Lauderdale Disability Lawyer for Professionals

If you are a business or medical professional who has suffered an unexpected disability through illness or injury, contact Fort Lauderdale disability lawyer Howard Kahn if your disability benefits are at risk. We can help you understand and protect your legal rights to disability benefits. Contact us online or by phone at 954-321-0176.

Unum Long Term Disability Claim Denial Scrutinized in Recent Appellate Ruling

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The U.S. Court of Appeals, Ninth Circuit, recently remanded the long term disability case of Leah A. Bilyeu v. Morgan Stanley Long Term No. 10-16070 Disability Plan back to the U.S. District Court for the District of Arizona after the plaintiff appealed the termination of her long-term disability benefits under the Employee Retirement Income Security Act of 1974 (ERISA). Plaintiff Bilyeu also successfully challenged the district court’s grant of summary judgment in favor of First Unum Life Insurance Company on Unum’s counterclaim for restitution of overpaid benefits.

The appellate court ruled that the district court abused its discretion by dismissing this claim for failure to exhaust administrative remedies. The exhaustion requirement should have been excused because Bilyeu acted reasonably in light of Unum’s ambiguous communications and failure to engage in a meaningful dialogue.

Bilyeu was employed by Discover Financial Services from 1987 through April 2004. Morgan Stanley Long-Term Disability Plan (the Plan) provides benefits for long-term disabilities to Discover employees. Unum is the Plan’s claim administrator, and also the insurer and payor of Plan benefits.

Alleging she suffered from several medical conditions that prevented her from materially performing the duties of any occupation, Bilyeu filed a long-term disability (LTD) claim with Unum in April 2004. These conditions included Behçet’s disease, fatigue and anxiety. Unum approved the claim in October 2004. Under the Plan, benefits for disabilities arising from mental illness are limited to 24 months. Unum concluded that Bilyeu’s disability was subject to the mental illness limitation. Bilyeu disputed that conclusion.

A medical consultant for Unum called Bilyeu’s treating physician to discuss her medical condition as the 24-month timeline approached. The two medical professionals disagreed on the diagnosis and course of treatment. Unum then sent Bilyeu a termination of benefits letter, while also providing instructions on how the plaintiff should respond in the event she disagreed with the ruling.

Plaintiff did respond as instructed, however Unum never acknowledged the response. In November 2008, the plaintiff filed a complaint against Unum, alleging that Unum wrongfully terminated benefits under the 24-month mental illness limitation.

Click on the link to read the appellate court ruling in Leah A. Bilyeu v. Morgan Stanley Long Term No. 10-16070 Disability Plan.

Fort Lauderdale Disability Lawyer for Professionals

If you are a business professional who has suffered an unexpected disability through illness or injury, contact Fort Lauderdale disability lawyer Howard Kahn if your disability benefits are at risk. We can help you understand and protect your legal rights to disability benefits. Contact us online or by phone at 954-321-0176.