Willeford & Toledano
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November 2013 Archives

Check your monthly disability benefit amount

When clients come to us for representation of a denied disability claim, we always check the amount of benefits that the insurer was paying them before the denial. I am surprised as to how often the benefit amount is incorrect.  Sometimes insurance companies will not include certain forms of compensation, such as bonuses, in the monthly benefit amount when the policy clearly requires bonuses to be included in the benefit calculation. We have helped several clients receive an increase in their monthly benefit amount.  If you think that you are being underpaid by an insurance company, this could very well be the case. 

Court Orders Hartford to Pay Disability Benefits

Our attorneys obtained a favorable ruling for a client who had been denied disability benefits by Hartford Insurance Company.  Hartford denied the claim stating that he was no longer eligible for coverage due to a gap in medical treatment around the time he first stopped working. Hartford had argued that our client had presented two separate claims for disability, instead of acknowledging one claim for disability based on multiple conditions. The Court agreed that the slight gap in treatment did not result in loss of coverage.  The Court also found that Hartford had abused its discretion by denying the claim without making an effort to seek clarification from our client's treating doctors.  The case is Lapenter v. Hartford Life & Accident Insurance Company in the U.S. District Court for the Eastern District of Louisiana.