Doctor Files Long Term Disability Lawsuit Against Guardian Life Insurance Co.

A New Jersey man has filed a long term disability lawsuit against The Guardian Life Insurance Company of America.

The lawsuit was filed Tuesday in the United States Southern District Court of New York. According to court documents, Guardian Life Insurance is refusing to pay long term disability insurance benefits to a New Jersey OB/GYN who was critically injured in a car accident. Guardian claims that, while the doctor paid his premiums in full, he is not entitled to disability benefits because he occasionally engaged in medical work not directly related to his field.

Attorneys for the doctor, whose name has not been released, say the case serves as a warning to medical professionals nationwide. “This is a case where the doctor bought a disability insurance policy that he thought would protect his income if he could not work as an OB/GYN,” said attorney Steve Jessup. “He found out that the coverage wasn’t as sound as he thought.”

If you have been denied the long term disability benefits you deserve, please contact the Indiana long term disability attorneys of the Hankey Law Office, by calling (800) 520-3633.


Former Honda Employee Granted Long-Term Disability Benefits

A forty-seven-year-old man, who worked for Honda for over twenty years, was recently granted long-term disability benefits after he was diagnosed with a severe case of chronic fatigue syndrome.

The man and his co-workers began noticing differences in his behavior after he suffered a bout with the flu. He became lethargic and unable to perform small tasks without feeling incredibly weak. After seeing several doctors, it was concluded that he had chronic fatigue syndrome, a disorder that cannot be tested, but only observed.

The man’s employer at Honda initially told him that he could not receive long-term disability benefits because he was not able to prove that he had the disorder. However, a district court in Connecticut ruled that it was imperative that he receive disability benefits because several doctors diagnosed him with a severe disorder that left him incapable of working.

If you or someone you love has been diagnosed with a long-term disability, and you would like to learn how you can receive benefits, please contact the Indiana long-term disability lawyers of the Hankey Law Office, P.C. at 317-634-8565.


NYC Moves to Dismiss U.S. AG’s Long-Term Disability, Medicaid Lawsuit

New York City filed a motion to dismiss a federal lawsuit that alleges the city committed fraud by improperly authorizing home health care services for thousands of patients on long-term disability.

U.S. Attorney Preet Bhara filed the lawsuit in early January based on, what the city calls “sweeping generalizations,” and takes the “shocking position that the city should turn a blind eye to New Yorkers that are unable to take care of themselves.” Bharara said the city had been negligent for almost a decade in the way it had distributed money for personal care services.”

“It goes without saying that ultimate medical decisions about patient care should be made by doctors and nurses, not government bureaucrats,” Bharara said. “The allegations here are serious and unfortunately reflect a systemic failure to responsibly administer the Medicaid program.”

Disability advocates say the lawsuit could have a chilling effect on the approval of personal care services nationwide. “There is a concern that this could set a precedent” said Roger Bearden, director of the Disability Law Center for New York Lawyers for the Public Interest. Bearden says there is a concern that if the programs are attacked “in New York City, they can be attacked anywhere.”

If you have been the victim of disability discrimination or have questions about long-term disability appeals, contact the Indiana disability attorneys of Hankey Law Office P.C. at 317-634-8565 today.


UNI to Pay $210K in Long-Term Disability Lawsuit

The University of Northern Iowa has agreed to pay $210,000 and provide long-term disability benefits to a former professor who claimed mistreatment by her colleagues forced her to have a mental breakdown.

According to court documents, Linda Sharp, the former choral music instructor at the Malcolm Price Laboratory School, received $70,000 last month and will receive two additional payments in June and July of 2012. The university also agreed to provide long-term disability benefits , an estimated annual cost of $11,615.

The lawsuit claimed that school administrators tried to get rid of Sharp for years, undermining her and portraying her as a problem teacher who could not get along with colleagues. Sharp eventually suffered a nervous breakdown, which she says prevents her from finding work.

University spokesman James O’Connor said “it seemed advisable to settle the case given the time and resources involved in the litigation, the settlement amount involved, and the inherent uncertainty relating to litigation.”

If you need help securing the long-term disability benefits you need, contact Indiana Long Term Disability Attorney Charles D. Hankey by calling (317)-634-8565.


Long-Term Disability Benefits Lawsuit Filed Against Unum Life Insurance Co.

A woman in Pennsylvania has filed a long-term disability benefits lawsuit against her life insurance company.

According to documents, Susan G. Harris filed a lawsuit in U.S. District Court in Johnstown claiming Unum Life Insurance Co. made unreasonable demands in its claims investigation. Harris has been disabled since June 19, 2001, and unable to work since. Harris suffered a brain injury and suffers from short-term memory loss.

The lawsuit contends that Unum showed bad faith by dragging out its investigation and that  on February 13, 2002, “Unum wrongfully denied Harris’ long term disability benefits despite prior approval of her short term disability claim.” Harris has been receiving disability benefits from her employer, but mounting legal sums have been a major concern.

Harris is asking the court to award her benefits with interest from the date of eligibility to the date of the judgment.

If you need help securing the long-term disability benefits you need, contact Indianapolis disability lawyer Charles D. Hankey by calling (317)-634-8565.


Jewel Osco settles disability discrimination lawsuit with EEOC

Grocery chain Jewel Osco recently settled a federal lawsuit with the Equal Employment Opportunity Commission for $3.2 million.  The EEOC filed the lawsuit against Jewel for alleged disability discrimination.

One former employee, Rosemary Bednarek of Merriville, injured her back lifting boxes at Jewel in February 2004.  After seeing a doctor about the injury, she was advised not to lift anything weighing greater than 20 pounds.  Jewel did not accommodate to her disability and she injured her back again a few months later.  Soon after, Bednarek was terminated from her position.

According to court documents, at the end of employees’ medical leave, Jewel would fire the disabled employees rather than helping to assist them with their disability.  Since 2003, approximately 1,000 Jewel employees in Northwest Indiana and Chicago were fired from their positions for their disability.  110 of the former employees will receive a payment from the lawsuit averaged at $29,000.

If you have been the victim of disability discrimination or have questions about long-term disability litigation, contact the Indiana long-term disability litigation attorneys of Hankey Law Office P.C. at 317-634-8565 today.


Indiana family sues WWE for disabled son

The family of a boy that was injured after attending a wrestling match when he was 7-years old is now suing World Wrestling Entertainment.  The boy, 18-year old Ronald Basham III, was injured when two wrestlers began fighting outside of the wrestling ring at the Kentucky Fair and Exposition Center in Louisville.

Wrestlers Dwayne Johnson, aka “The Rock, and Paul “Triple H” Levesque are accused of performing “reckless, willful and wanton conduct”.  The family is accusing the WWE of failure to provide proper security and to properly stage the event.

Basham has suffered various leg problems since the injuries, most recently having surgery for a dislocated patella which resulted in partial, but permanent, disability.  The lawsuit states that the WWE did not even pay for the ambulance ride to the hospital after the boy was injured.  In addition, the family says they have incurred $37,000 of medical expenses related to the injury and disability.

If you or someone you love suffers from a disability and would like to discuss filing for long-term disability benefits, contact the Indiana long-term disability filing lawyers of Hankey Law Office P.C. at (800) 520-3633 to learn more about your rights.


Department of Labor sues developer for ERISA violation

The U.S. Department of Labor filed suit against an Indiana developer, Premier Properties USA Inc., in June claiming that the company violated the ERISA by taking money from its employees’ retirement accounts.  The company reportedly did so as an effort to save the developer from failing in early 2008.

The lawsuit names Premier Properties’ president and vice president of taking $46,000 from their employees’ 401(k) accounts between January and March of 2008.  U.S. Secretary of Labor Hilda L. Solis is ordering the company executives to repay the money.  In addition, Solis is prohibiting both from acting as fiduciaries to an ERISA plan in the future.

If you have questions about filing an ERISA lawsuit, contact the Indiana ERISA lawyers of Hankey Law Office P.C. at (800) 520-3633 today to learn more about the Employee Retirement Income Security Act.


NY first to extend benefits to domestic workers

Last month, New York became the first state in the country to extend workers’ compensation and disability benefits to domestic workers.  Governor David Paterson signed the Domestic Workers’ Bill of Rights on August 31st and it became effective on November 29th.  The bill requires all employers of domestic workers to provide workers’ compensation and disability insurance.

A domestic worker is generally defined as one that works in the home taking care of an elderly or sick person, taking care of a child, doing housekeeping or providing other domestic services.   With the new law, domestic workers are also subject to the state’s labor laws including a $7.25 minimum wage and 8 hour workdays.

To discuss filing for long-term disability benefits with an experienced disability lawyer, contact the Indiana long-term disability filing attorneys of Hankey Law Office P.C. at (800) 520-3633 today.


SSA announces benefit statistics

Earlier this month, the Social Security Administration announced that disabled and retired Americans receiving social security benefits will not see an increase or decrease in benefits in 2011.  This marks the second year in a row social security benefits have remained at the same rate.

Along with the announcement the SSA released some statistics concerning social security benefits.  A total of 58.7 million people in the United States receive social security benefits of some form.  53.5 million of these are social security recipients and 7.9 million are supplementary security income recipients.  2.7 million people in the country receive both types of benefits.

Social security disability insurance is usually awarded to people with temporary disabilities and supplementary security income to people who are unable to work because of a more permanent disability.  The average monthly social security payment is $1, 072 and the average monthly SSI payment is $499.

If you or someone you love needs to file for either SSDI or SSI, contact the Indiana long-term disability filing attorneys of Hankey Law Office P.C. at (800) 520-3633 to learn more about your rights.


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