Insurance Litigation Success Stories

McKennon Law Group PC Wins Important Ninth Circuit Appeal that Broadens Fiduciary Duties Owed to ERISA Plan Participants: Mistakenly Collecting Dependent Life Insurance Premiums for an Ineligible Plan Participant and Failing to Investigate Important Eligibility Communication from Participant Is a Fiduciary Function and Breaches Fiduciary Duties
After appellate briefing and oral argument, in a Memorandum decision dated September 11, 2024, the Ninth Circuit Court of Appeals (judges Bridget Bade, Danielle Forrest, and Gonzalo Curiel) ruled in favor of McKennon Law Group PC’s client, Keith McIver, in his ERISA lawsuit against his former employer, The Boeing Company, and the administrator of Boeing’s group life insurance plan, Employee Benefit Plans Committee (“EBPC”). The lawsuit alleges that they breached fiduciary duties owed to him because Boeing mistakenly collected his dependent life insurance premiums for an ineligible plan participant, his ex-wife Bonnie McIver, after their divorce. Under the plan’s terms, Bonnie’s dependent coverage terminated upon divorce. Yet, Boeing continued to collect his dependent premiums for several months after he gave Boeing and EBPC notice of his divorce and despite that, under the plan documents, they had a duty to determine Bonnie’s eligibility. The decision is published at Keith McIver v. Metropolitan Life Insurance Company, et al., No. 23-55306, 2024 WL 4144075 (9th Cir. Sept. 11, 2024). The Ninth Circuit found these core fact allegations were sufficient to state a plausible legal claim for breach of fiduciary duty against the Boeing defendants.
Our client worked for Boeing for 31 years. Early on, he enrolled in Boeing’s group ERISA life insurance plan. As a Boeing employee, he was eligible to obtain life insurance for himself and his dependents, including his legal spouse. He enrolled and paid Boeing insurance premiums for decades to cover him and his then wife. Boeing deducted dependent premiums from his paycheck biweekly for many years before he divorced, and for several months after he divorced. Unknown to him, his wife’s insurance terminated when they divorced because, under the life insurance plan’s terms, only his “legal spouse” qualified for Boeing’s dependent life insurance coverage, not an ex-wife. However, because Boeing continued to deduct the premiums from his paycheck for 11 months after he notified Boeing and its plan administrator, EBPC, of his divorce, he mistakenly thought she was still covered. He thought Boeing would stop accepting his premiums if his ex-wife was not entitled to the coverage.
Boeing, and the insurance company that funded the plan’s benefits, Metropolitan Life Insurance Company, did not investigate Bonnie’s ongoing eligibility for the insurance until several months after our client Keith had notified Boeing and EBPC of their divorce. They waited for several months to investigate her continued eligibility, until after she died, and after he had made a claim for dependent life insurance benefits. In the interim, Boeing continued to charge and deduct his premiums for the dependent coverage (incorrectly). Then, when it was too late for our client to obtain alternative life insurance, after Bonnie had died, MetLife told our client that her coverage had ended when they divorced and, therefore, MetLife would not pay his dependent life insurance claim (as her beneficiary).
Our client would have purchased other life insurance on Bonnie had he known that her coverage ended when they divorced. She had struggled for years with, and then tragically died from, stage four liver cirrhosis. So, the coverage was valuable to them. Our client unsuccessfully appealed MetLife’s claim denial on these grounds and because Boeing had lulled him into a false sense of security that her coverage remained in place because it continued to charge, deduct, and accept his premiums for the coverage, after he gave Boeing and EBPC notice of his divorce.
Knowing that he needed the help of highly experienced ERISA life insurance lawyers, our client hired McKennon Law Group PC. We promptly filed a lawsuit against Boeing and EBPC for breach of fiduciary duty. We argued that they owed our client fiduciary duties of prudence and loyalty and to investigate his ex-wife’s continued, post-divorce eligibility (within a reasonably proximate time after Boeing took his premiums and he notified them of his divorce). That Boeing and EBPC breached these fiduciary duties when Boeing, after our client notified both of them of his divorce, continued to charge and collect premiums from him for several months for his ex-wife’s dependent life insurance coverage that had terminated on divorce, without investigating her eligibility. That because EBPC had broad duties assigned to it under the group life insurance plan documents to make eligibility decisions (which EBPC assigned to Boeing), including after a marital status change, they had a duty to prudently and timely investigate her continued eligibility, reasonably proximate to the time that they received notice of his divorce and took his post-divorce notice premiums. But Boeing and EBPC did not timely investigate or decide our client’s ex-wife’s ongoing eligibility (despite these plan duties), after he notified them of his divorce. Instead, Boeing mistakenly charged him dependent premiums for several months without investigating whether she was still eligible (when she was not eligible), in breach of the Boeing defendants’ fiduciary duties.
Boeing and EBPC filed a motion to dismiss the lawsuit. They argued that they did not owe or breach any fiduciary duties to our client (by mistakenly collecting his dependent life insurance premiums). Specifically, that Boeing performed a ministerial not fiduciary function that involved no judgment or discretion when its payroll department mistakenly collected his premiums for coverage for which he had enrolled. We opposed Boeing’s and EBPC’s motion to dismiss, but the federal district court granted it and dismissed the case with prejudice. The court (and the Boeing defendants) incorrectly relied on the Ninth Circuit Court of Appeals’ decision in Bafford v. Northrup Grumman Corp. Bafford held that an ERISA plan benefit calculation mistake that involves no discretion is not a fiduciary function. The court analogized the Boeing payroll department’s conduct to Bafford. It held that the Boeing defendants did not use any discretion when Boeing mistakenly calculated and charged our client premiums for his ex-wife and, therefore, did not owe or breach any fiduciary duties to him. That collecting his post-divorce notice premiums was just a ministerial mistake, not a fiduciary function.
We appealed the adverse trial court’s decision to the Ninth Circuit, and we won the appeal. The employer Boeing and its plan administrator EBPC again argued that Bafford controlled the outcome of the case because their error in collecting premiums was a ministerial mistake. The Ninth Circuit rejected this argument, emphasizing that because Boeing and EBPC had duties under the plan to determine eligibility, they performed fiduciary functions and breached fiduciary duties when they mistakenly collected our client’s premiums (without timely deciding his ex-wife’s continued eligibility after they had received notice of his divorce). The court clarified that Bafford did not apply to our client’s case, and it held that the operative Complaint plausibly alleged that the employer and plan administrator performed fiduciary functions and breached fiduciary duties under these circumstances.
In short, the Ninth Circuit agreed with our argument that it just is not fair for an ERISA plan entity, who has duties assigned to it in the plan documents to decide eligibility, to mistakenly collect insurance premiums from an ineligible plan participant without timely deciding whether or not she is eligible. That an employer, sponsor, or administrator of a group life insurance plan with plan eligibility decision duties cannot continue to charge premiums for dependent life insurance coverage (that had terminated on divorce), for months after they received notice of the divorce, without making an eligibility decision. The appellate court agreed that such plan fiduciaries act inequitably and breach fiduciary duties of prudence, loyalty, and to timely investigate when they wait to decide eligibility until after the insured dies and the beneficiary makes a claim for her life insurance benefits. And only then say, when it is too late to secure alternate life insurance, “sorry,” you don’t have the coverage that you have been paying premiums to us for years. But here are your ill-gotten premiums back.
The appellate court reversed the district court’s Federal Rules of Civil Procedure 12(b)(6) dismissal of the case and remanded it back to that court to decide at trial whether Keith can prove the allegations he made in his operative Complaint. Specifically, the Ninth Circuit Court of Appeals found:

• If the facts alleged in the Second Amended Complaint are true, Boeing and EBPC performed fiduciary functions when they continued to charge, deduct, and collect dependent life insurance premiums from Keith after they received notice of important ineligibility information from him, that he and Bonnie divorced, when he sent them his Qualified Domestic Relations Order (“QDRO”) stating that he was divorced.
• If the facts alleged in the Second Amended Complaint are true, Boeing and EBPC breached fiduciary duties owed to Keith by failing to investigate Bonnie’s ongoing eligibility for dependent life insurance coverage after he submitted, and they received, notice via the QDRO stating that they were divorced.
• Therefore, Keith’s Second Amended Complaint allegations are sufficient to defeat Boeing’s and EBPC’s motion to dismiss Keith’s breach of fiduciary duty claim against them. And, therefore, the appellate court reversed the district court’s decision to dismiss them from the lawsuit.

Our client was extremely pleased at this result because he can continue to pursue justice for his deceased ex-wife’s memory and the life insurance benefits for which he paid. (McIver2024)

McKennon Law Group PC Scores Significant Victory at Ninth Circuit Court of Appeals Reversing Dismissal of Second Lawsuit for Disability Benefits
The dedicated bad faith and ERISA disability benefits attorneys at McKennon Law Group PC were successful in arguing that the Ninth Circuit Court of Appeals should reverse a trial court’s dismissal of our client’s second lawsuit seeking long-term disability (“LTD”) benefits because she did not file an LTD claim. Our client worked as a registered nurse and became disabled due to complications related to Cushing’s Disease. She had short-term disability (“STD”) and LTD policies through her hospital’s employee welfare benefits plan which was administered by Life Insurance Company of North America (“LINA”). Her STD claim was denied by LINA and she made several unsuccessful attempts to file an LTD claim but LINA and her employer’s human resources department failed to process the claim. Our client appealed the denial of STD benefits, but LINA upheld its denial. Desperate to obtain her disability benefits so she could support her family, which included two disabled children, our client came to the disability lawyers at McKennon Law Group PC. We filed a lawsuit in the U.S. District Court for the Central District of California. We argued that LINA’s denial of STD benefits was incorrect given the overwhelming medical evidence supporting disability. We also argued that our client should receive LTD even though she never completed an LTD claim because the STD and LTD policies were nearly identical and there was no change in our client’s condition. It is known in the law as the futility doctrine. The parties participated in a mediation and we counseled our client to decline LINA’s minimal settlement offer. We proceeded to a bench trial before U.S. District Court Judge David O. Carter. Judge Carter found that LINA had improperly denied STD benefits. However, Judge Carter ruled that our client was not entitled to LTD benefits because she did not file an LTD claim, rejecting the well accepted futility doctrine. Seeking to correct what Judge Carter found lacking, our client filed an LTD claim and LINA denied it based on Judge Carter’s prior order. We immediately filed another lawsuit seeking LTD benefits and the case was transferred to Judge Carter. LINA filed a motion to dismiss the case, arguing that the issue of LTD benefits was decided in the first lawsuit and that the legal theory of res judicata prevented relitigating that question. Judge Carter agreed and granted LINA’s motion. Our client was determined to have her day in court given LINA’s contemptuous posturing during the claims handling process and prior litigation. We appealed to the Ninth Circuit Court of Appeals and argued that res judicata did not apply because the first case was about STD benefits that were denied, and the second case was about LTD benefits that were denied. Following oral argument before a three-judge panel, the Ninth Circuit agreed and reversed Judge Carter. Kayle Flores v. Life Insurance Company of North America, No. 22-55779, 2024 WL 222265 (9th Cir. Jan. 22, 2024). The Court found “that res judicata does not apply to events post-dating the filing of the initial complaint” and that our client’s LTD claim did not “accrue” until LINA denied it. Id. at *1. Therefore, our client could not have had her STD and LTD claims litigated together in her first lawsuit. The also Court agreed with us that our client “did what any diligent plaintiff would have done; she went back and complied with the precondition that the district court stated she had missed” by filing an LTD claim. Id. at *62. We are grateful that our persuasive arguments carried the day in the Ninth Circuit and that we will be able to return to Judge Carter and continue litigating our client’s entitlement to LTD benefits which she desperately needs. (Flores2024)

District Court Judge Jesus G. Bernal Awards McKennon Law Group PC All of Its Requested Attorney’s Fees and Costs In ERISA Medical Insurance Dispute

In an order dated March 14, 2024, the Honorable Jesus G. Bernal of the Central District of California awarded the McKennon Law Group PC 100% of its requested attorneys’ fees and costs it sought for successfully litigating an ERISA medical insurance dispute in which the court ruled in our client’s favor. Our client had been improperly denied surgery to treat a potentially life-threatening condition. Aetna had refused to cover the procedure based on exclusions for experimental treatment and medical necessity even though its own doctor had conceded that our client required the treatment sought. We sued Aetna and convinced the Court that Aetna had erred in denying the claim. We subsequently filed a Motion for Attorneys’ Fees and Costs. Aetna, in turn, attacked the Motion, insisting that the Firm’s hourly rates were too high and that the Firm’s attorneys had spent an unreasonable amount of time reviewing the Administrative Record. The Court rejected these arguments. The rates charged by the firm and the time spent working on the matter were both reasonable. The Court systematically rejected every argument Aetna raised. The Court awarded our client 100% of the attorneys’ fees and costs requested in the Motion. Aetna was compelled to pay all of our client’s legal fees and costs amounting to almost $200,000. Our client could not be happier with this result. (Elazouzi2024)

McKennon Law Group PC Client Wins Landmark Case In U.S. District Court Against American General Life Insurance Company

On March 6, 2024, in an 11-page order, the Honorable Jesus G. Bernal granted partial summary judgment in favor of McKennon Law Group PC’s client, Diane Le, ruling that American General Life Insurance Company (“AIG”) could not recover over $1 million it claimed it had mistakenly paid Ms. Le.The situation giving rise to the lawsuit involved Ms. Le receiving an unexpected financial blessing from what she thought was her late husband’s life insurance policy issued by AIG.Unfortunately, due to circumstances beyond her control, what began as a stroke of good fortune quickly turned into a nightmare, leaving her facing significant financial and emotional distress.

Shortly before his death, Ms. Le’s husband mentioned to her that he had an annuity.After his death, she entered his information into the online NAIC life insurance policy locator tool to see whether he had an annuity as he had told her.In response to Ms. Le’s inquiry, AIG quickly reached out to her, informing her that she was the beneficiary of her late husband’s $1 million life insurance policy.Overwhelmed with gratitude and trusting AIG, a $50 billion public company, Ms. Le accurately filled out all of the required forms and, after AIG informed her that it had conducted an investigation and determined that she was the proper beneficiary, she accepted the payment in good faith, believing it to be rightfully hers.

Relying on the substantial sum of money she received, Ms. Le made life-altering decisions, including quitting her job, making significant purchases, paying off debts, and spending months traveling the country.Little did she know, AIG had made a reckless error in determining that she was the beneficiary.

AIG discovered its mistake from its own true insured, who called AIG to ask why his policy was being canceled.As it turned out, the correct beneficiary shared the same first and last name and date of birth with Ms. Le’s late husband.However, nothing else matched – the Social Security numbers for the correct policyholder and beneficiary were different from Ms. Le and her late husband; Ms. Le had different first and middle names from the correct beneficiary; the correct policyholder had a different middle name from Ms. Le’s late husband; the contact information on file was in a state where Ms. Le and her husband had never lived; and Ms. Le’s date of birth was different from the correct beneficiary’s date of birth.During the claim review process, Ms. Le even asked for a copy of the policy – which would have informed her that she was not, in fact, the correct beneficiary – but AIG refused to provide it to her.Rather than owning up to its egregiously reckless mistake, AIG sought to rectify the situation by serving her with a lawsuit demanding repayment of the funds disbursed to her.Shocked and devastated by the sudden turn of events, Ms. Le turned to us for help.

We not only answered AIG’s complaint but also took the offensive, filing counterclaims for damages.Ms. Le was emotionally devastated by the prospect of losing everything she had, including her paid-off home, if she were to lose the case.Moreover, Ms. Le spent over 18 months unsuccessfully looking for a new job, after quitting her previous job in reliance on receiving the money.We filed a motion for partial summary judgment, arguing that AIG’s payment to Ms. Le was made voluntarily and with full knowledge of the facts, thus relieving Ms. Le of any obligation to return the funds.

After months of diligent preparation and strategic maneuvering, our efforts bore fruit as the court ruled in favor of Ms. Le. The judge granted partial summary judgment against AIG, affirming that its payment to Ms. Le was made with full awareness of the facts, thereby absolving her of any liability to return the funds. Ms. Le able is now able to keep the money she was recklessly paid, but her claims for damages – which are significant – remain pending against AIG.

McKennon Law Group PC Wins Ninth Circuit Appeal for Disabled Cancer Client; Important Appeal Decision Clarifies ERISA Insurers’ Fiduciary Duties Favorable to Plan Participants; Leads to Significant Settlement and $316,000 Attorneys’ Fees Award

Our client, a disabled cancer patient, received monthly long-term disability benefits from her group ERISA insurer. However, the insurer paid her the wrong monthly benefit amount for almost a decade. The group disability insurer made a mistake in calculating her benefit. Then it paid her too much, and failed to monitor or catch its mistake, every month for nine years. She had several communications with her insurer about her benefit amount so she could secure a mortgage and then HELOC and other financial commitments. Despite our client questioning the accuracy of the benefit calculation, the insurer repeatedly affirmed the erroneous amount for nearly a decade, leading her to make significant financial decisions based on the misinformation. When the long-term disability insurer finally discovered its mistaken calculation, it suspended and withheld our client’s monthly benefit for years to recoup its significant overpayment. 

She appealed the insurer’s overpayment collection decision herself to the insurer and lost. Without any disability benefit income from the insurer and still disabled from working, our client had to petition for bankruptcy. Because she could not afford to live on the reduced benefit amount, she desperately searched for top disability attorneys to handle her case. After a thorough search, she found and hired McKennon Law Group PC. She knew she needed preeminent California ERISA disability insurance lawyers to win her breach of fiduciary duty overpayment case. We took her case to trial, but the federal district court incorrectly relied on the Ninth Circuit Court of Appeals’ decision in Bafford v. Northrup Grumman Corp. Bafford held that ERISA benefit calculation mistakes are not a fiduciary function. 

We appealed the adverse trial decision to the Ninth Circuit, and we won the appeal. The insurer argued that Bafford controlled the outcome of the case because its error was a ministerial calculation mistake. The Ninth Circuit rejected this argument, emphasizing that the insurer’s subsequent actions, which were discretionary and central to our client’s injury, qualified as fiduciary functions. The court clarified that Bafford did not apply to our client’s case, and it held that the insurer performed fiduciary functions. It remanded the case to the trial court. Our winning appellate work convinced the insurer to settle the case after the appeal, which included her full benefits without reduction, interest, and tax damages. We also filed and prevailed on our motion for attorneys’ fees and costs. The trial court awarded us $316,000, and it ruled that the firm’s hourly rates are reasonable, including $875 per hour for firm founder Robert McKennon and $800 per hour for senior ERISA lawyer Joe McMillen, because of their preeminent experience in ERISA cases. Our client was extremely pleased at this result as it allowed her to keep 100% of her awarded benefits, interest, and tax damages. (Morris2024)

McKennon Law Group PC’s Client Wins ERISA Trial Against Aetna Life Insurance Company After it Improperly Denied Our Client’s Claim for Medical Benefits
On December 7, 2023, in an 11-page order, the Honorable Jesus G. Bernal ruled that Aetna Life Insurance Company (“Aetna”) had improperly denied our client’s medical insurance claim for coverage of a Roux-en-Y Gastric Bypass (“Roux-en-Y”). Our client suffers from severe gastrointestinal problems. She has spent over a decade on a variety of medications. She has undergone two invasive surgeries. Ultimately, these treatments did not resolve her health problems. Her doctors determined that the only chance of resolving her health conditions is to undergo a Roux-en-Y procedure. If she undergoes the same procedures that doctors performed twice before, within a few years, her condition will return. The efficacy of the proposed treatment is well documented in the medical literature.

Ms. Elazouzi has medical insurance with Aetna that is governed by ERISA. Whereas Aetna’s own physician concluded that the proposed procedure is necessary, Aetna refused to pay for the treatment because it was allegedly experimental and/or investigational in nature. She turned to McKennon Law Group PC for help. We sued Aetna in the Central District of California. After thoroughly litigating the matter and submitting dueling motions for a Rule 52 judgment at trial, Judge Bernal ruled in our client’s favor. He found that Aetna erred when it concluded that the treatment was experimental and/or investigational. This was a resounding success for our client. We will soon file a motion for attorneys’ fees and costs. (Elazouzi2023)

McKennon Law Group PC’s Client Wins ERISA Trial and $330,000 in Attorneys’ Fees, Cost and Interest Against Prudential Insurance Co. After it Improperly Denied Our Client’s Claim for Long-Term Disability Benefits
After a bench trial, in a 16-page Order on November 9, 2022, Chief Judge Kimberly J. Mueller awarded McKennon Law Group PC’s Client Tammy Logan damages for her claim for long-term disability insurance benefits against The Prudential Insurance Company of America. McKennon Law Group PC’s client became disabled after falling off a ladder and fracturing her ankle, which required her to undergo surgery to have a piece of medical hardware installed. She made a claim for long-term disability benefits under her group disability policy with Prudential, which Prudential denied on the basis that its medical consultant expected that she would be able to return to work within four weeks of her surgery. Unfortunately, the hardware was faulty and she continued to experience severe pain even after recovering from the surgery. Due to the pain from the hardware and the side effects from her strong pain medication, she remained unable to work. On top of this, she had also developed painful arthritis in her knee, further disabling her. However, Prudential continued to deny her claim for benefits on the basis that, according to its medical consultant, she should have been able to return to work. McKennon Law Group PC filed a thorough and detailed complaint in federal district court for the Eastern District of California to recover her long-term disability insurance benefits from Prudential. After thoroughly litigating the case and engaging in a bench trial, Judge Mueller found that McKennon Law Group PC had presented ample evidence on our client’s behalf to demonstrate that she is disabled according to the definition in Prudential’s policy, and issued a highly persuasive opinion in our client’s favor against Prudential awarding her all of her disability benefits through the own occupation period of her policy. Judge Mueller also ruled Prudential had to review her “any occupation” claim on a remand and that our client is to be awarded reasonable costs, interest and attorneys’ fees to cover the costs, time value of money and attorney’s fees she expended by being forced to sue Prudential. McKennon Law Group PC then aggressively pursued attorneys’ fees, interest and costs against Prudential. On August 23, 2023, Judge Mueller signed an order awarding our client $330,000 in attorneys’ fees, interest and costs. This was a significant win for our client. (Logan2023))

McKennon Law Group PC Is Awarded $232,000 In Attorneys’ Fees After Successful Trial In Idaho
U.S. District Court Magistrate Judge Candy Dale awarded McKennon Law Group PC $232,000 in attorneys’ fees after successfully arguing that Reliance Standard Insurance Company (“Reliance”) improperly terminated our client’s long-term disability (“LTD”) benefits. Our client was insured through her employer-provided disability plan which was administered by Reliance and governed by ERISA. By 2012 our client’s symptoms of severe vertigo, nausea and vomiting made it impossible for her to continue to work and she therefore applied for disability benefits. Reliance paid benefits to our client through the policy’s 24-month own occupation period and for another two years into the policy’s more stringent any occupation period. However, Reliance abruptly terminated LTD benefits when it incorrectly concluded that our client had transferable work skills and could perform other sedentary jobs. After Reliance denied her appeals our client had difficulty finding a lawyer in Idaho that specializes in ERISA and was willing to take her case because the amount of benefits at issue was relatively small. After an exhaustive search, our client found the expert ERISA disability attorneys at McKennon Law Group PC in its Newport Beach, California office. We reviewed her case and worked out a retainer agreement in which she could keep all of her disability benefits if we were successful and the firm would only take any attorneys’ fees that were awarded. We vigorously litigated the case for the next two years. Following a bench trial in an Idaho district court, Judge Dale awarded our client all back benefits owed and our client was put back on claim. We then filed a motion for attorneys’ fees and costs. In opposing our motion, Reliance argued that the court should use lower hourly rates for attorneys in Boise, Idaho and apply a 33% across-the-board reduction in the firm’s hours and award no more than $140,000. However, Judge Dale correctly found that higher hourly rates were warranted “due to the attorneys’ specialization in representing ERISA claimants” and the successful result the firm obtained. Judge Dale also found the vast majority of the time spent by the firm to be reasonable and declined to apply the 33% reduction that Reliance sought. The Judge awarded the firm $232,000 in fees and another $6,700 in costs. As a result, our client will be able to keep all her disability benefits into the future. (Shepler2023)

McKennon Law Group PC Wins Pension ERISA Case After Court Rules that Employer and Claims Administrator Breached Their Fiduciary Duties; They Agree to Pay Pension Benefits, Attorneys’ Fees, and Costs to Our Dance Instructor Client
Our client worked for her former employer as a dance instructor for 30 years. During that time, she was repeatedly promised a pension benefit upon her retirement. However, when she was finally close to retirement age, her employer, and the claims administrator managing the pension, both insisted that shewas not entitled to pension benefits and that any statements to the contrary had been mere “mistakes.” Our client engaged in the administrative appeals process, but the claims administrator refused to pay ourclient her pension benefits. After our client’s administrative appeal had been denied, she began looking for highly experienced ERISA pension attorneys and came to McKennon Law Group PC, for help. It was immediately clear that this dispute would present difficult and complex issues. We sued both the employer and the pension’s claims administrator for improper denial of benefits and breach of fiduciary duty under ERISA. The legal dispute was long and hard fought. During the litigation, the defendants refused to concede any issue. At trial, we convinced the District Court Judge that the defendants had breached their fiduciary duties to our client. However, there were some complications calculating how much our client was to receive in terms of pension benefits because she had never received any pension statements indicating how much she was owed. Plaintiff was able to get Defendants to calculate her benefits through discovery after threatening motions to compel this information. The Court recommended that the parties undergo a mediation in light of the Court’s ruling and difficulties calculating how much in pension benefits to award our client. The mediation was successful and, ultimately, the parties reached a settlement in which her employer and the claim administrator paid her pension benefits, attorney’s fees, and costs. Our client now has the satisfaction of having been vindicated in court and receiving the pension benefits she was promised. (Gale2023)

Another Trial Success for McKennon Law Group PC in an ERISA Disability Federal Court Case in Idaho
After a bench trial before U.S. Magistrate Judge in Idaho, in Shepler v. Reliance Standard Insurance Co., the Court ruled that Reliance Standard Insurance Company (“Reliance”) improperly terminated our client’s long-term disability (“LTD”) benefits because the disability policy’s 24-month mental health limitation did not apply and because our client did not retain the physical ability to perform sedentary work on a full-time basis. Our client worked in IT as a Systems Support Analyst and was insured through her employer-provided disability plan which was administered by Reliance and governed by ERISA. Her medical conditions date back over twenty years and, after treating with multiple healthcare professionals, she was eventually diagnosed with Meniere’s disease, autoimmune inner ear disorder, migraine-associated vertigo and other conditions. She received extensive treatment and was able to manage her symptoms and continued to work. However, by 2012 her symptoms of severe vertigo, nausea and vomiting made it impossible for her to continue to work and she therefore applied for disability benefits. Reliance approved our client’s disability claim and paid benefits through the policy’s 24-month own occupation period and an additional two years into the policy’s more stringent any occupation period. During this time, she continued to treat with various healthcare providers to try and alleviate her myriad conditions with limited success. Despite no significant improvement in her condition Reliance abruptly terminated LTD benefits when it incorrectly concluded that our client had the transferable work skills and the physical capacity to perform other sedentary jobs. Additionally, Reliance incorrectly concluded that the policy’s 24-month mental health limitation also applied even though our client’s disabling conditions were all physical in nature and the fact that Reliance had paid benefits for more than 24-months. Our client appealed Reliance’s termination of benefits. She provided additional medical records which stated that she could not be in any position for more than 20 minutes at a time, could not lift more than five pounds and that no improvement in her conditions were expected. Despite the clear evidence supporting her continued disability, Reliance relied on the opinions of its biased third-party “paper review” physicians and an Independent Medical Examiner (“IME”) to uphold its denial. That is when our client turned to the experienced disability insurance attorneys at McKennon Law Group PC. We filed a detailed complaint in the U.S. District Court for the District of Idaho to fight Reliance’s unjustified disability benefits termination. In our trial briefing we explained how Reliance’s biased “paper reviewers” cherry-picked and mischaracterized the medical evidence and how they failed to examine our client. We noted that the IME’s opinion that migraines and fibromyalgia were never a cause for disability was contrary to controlling case law. Additionally, we argued that case law prohibits an insurance company from requiring objective evidence of conditions that cannot appear on medical testing, such as migraines and fibromyalgia. We also argued that the 24-month mental health limitation did not apply because none of our client’s providers stated such a condition was disabling and Reliance never had the records reviewed by a mental health specialist. Following a bench trial, Magistrate Judge Candy Dale issued her 55-page Findings of Fact and Conclusions of Law in which she overwhelming found in our client’s favor. The judge ordered Reliance to pay all back benefits owed to our client plus interest, that she is entitled to attorneys’ fees and costs and that she is to receive future monthly benefits while she remains disabled. (Shep2023)

District Court Rules That AT&T & Sedgwick Claim Management Services Improperly Denied McKennon Law Group’s Client’s Disability Claim for Short-Term Disability Benefits
In an ERISA trial win for McKennon Law Group’s client, our client was awarded short-term disability benefits by the Honorable Judge Stanley Blumenfeld, Jr. Our client worked for AT&T as a Sales and Service Representative. Unfortunately, she developed a variety of health problems that included severe back pain and mental health problems. Through her work, she had short-term group disability coverage that was governed by ERISA. When she applied for her benefits, her claim was denied. Our client turned to us for help. We submitted an appeal. During the appeals process, AT&T and Sedgwick Claim Management Services denied her disability claim, refusing to consider significant evidence due to a strained reading of its plan documents. Our client began her search for aggressive and experienced ERISA disability insurance claims attorneys and found McKennon Law Group PC. We sued AT&T and Sedgwick for improperly denying the claim for disability benefits. After a hard fought battle under an unfavorable abuse of discretion standard of review, we convinced the Court to overturn the denial of benefits. The Court concluded that AT&T had abused its discretion in denying our client’s claim. The Judge Blumenfeld ruled that AT&T had effectively read out of its plan documents the right to a meaningful appeal and had failed to adequately consider our client’s various medical problems. Not only did we convince the Court to award our client her disability benefits and interest, but we also convinced Judge Blumenfeld to award a significant amount of her attorneys’ fees in a separate motion to the court. (Mosequeda2022)

Disability Insurance Claims Attorneys, McKennon Law Group PC, Win ERISA Disability Insurance Benefits Trial Against Life Insurance Company of North America
After a bench trial, on September 21, 2022, U.S. District Judge Carmac J. Carney ruled in McKennon Law Group PC’s Client’s favor and against Life Insurance Company of North America (“LINA”), awarding her long-term disability (“LTD”) benefits and her attorneys’ fees and costs. Our client began working for her employer in 1981. In late 2005, while working as her company’s community relations manager, she fell backward off a stage and landed on the concrete floor below. At that time her job duties required prolonged periods of sitting, standing, walking, keyboarding, driving and significant cognitive demands. Early the following year she began experiencing intense chronic pain in her neck and shoulders, tingling and numbness in her right arm and hand as well as pain in her right leg. She continued to work through the pain because she loved her job. However, in April 2017, she was finally forced to stop working because the pain became unbearable. She filed a claim for LTD benefits through her company’s employee welfare benefit plan that was administered by LINA and governed by the Employee Retirement Income Security Act (“ERISA”). Not surprisingly, LINA denied her claim for benefits on the basis that the medical records did not support her inability to perform her regular occupation. Our client sought out the highly experienced disability claim insurance attorneys at McKennon Law Group PC to handle her administrative appeal with LINA. The ERISA attorneys at McKennon Law Group prepared a detailed, 20-page appeal letter that explained why LINA’s decision was incorrect given the medical evidence and supporting case law. The evidence enclosed with the letter included objective tests such as MRIs as well as medical records and letters from our client’s providers which included a pain management specialist, orthopedist, orthopedic spine surgeon and neurosurgeon. Nonetheless, LINA stood by its decision to deny benefits and we filed a lawsuit in the U.S. District Court for the Central District of California seeking the benefits our client was owed. LINA had a strategic advantage going into trial because Judge Carney had to review LINA’s decision to deny benefits under ERISA’s abuse of discretion standard, which gives insurance companies the benefit of the doubt. We advocated strongly that our client was disabled and owed benefits. Among other things, we argued that LINA improperly relied on the opinions of its own medical experts because those experts were biased, they never personally examined our client and they were not specialists in the conditions that were causing the disability. We also emphasized the overwhelming quality and quantity of the medical evidence supporting our client’s disability. Our arguments carried the day. Even after giving it the benefit of a favorable standard of review, Judge Carney determined LINA had abused its discretion when it denied benefits under the LTD policy’s two-year own occupation period. Judge Carney not only ordered LINA to pay those benefits but also remanded the claim back to LINA to evaluate our client’s eligibility for ongoing LTD benefits under the policy and will award our client substantial attorneys’ fee and costs. (McGuire2022)

Judge Orders Disability Insurer LINA to Pay Short-Term Disability Benefits to McKennon Law Group PC’s Client, a Former Nurse, and Awards $93,000 in Attorneys’ Fees and Costs
After a bench trial, on July 29, 2021, U.S. District Judge David O. Carter entered an Order of his Findings of Fact and Conclusions of Law ruling in favor of McKennon Law Group’s client awarding her disability benefits against Life Insurance Company of North America (“LINA”). Judge Carter also awarded our client $89,048 in attorneys’ fees and $4,003 in costs. Despite overwhelming evidence supporting our client’s disabling conditions related to Cushing’s Disease, LINA denied her short-term disability (“STD”) benefits under an employee welfare benefits plan provided by her employer and governed by the Employee Retirement Income Security Act (“ERISA”). Before she became disabled, our client worked as a registered nurse and worked 12-hour shifts in the mother-baby unit of a regional hospital. Her job required critical thinking and multitasking as well as physical demands including frequent bending, kneeling, lifting, pushing and pulling. In 2016 she first began experiencing symptoms of Cushing’s Disease which included significant fatigue, headaches, vertigo and difficulty concentrating. Because of her conditions she was forced to reduce her work hours and struggled to complete her job tasks. She was ultimately forced to stop working completely in early 2018 and underwent brain surgery a few months later. Unfortunately, her severe and disabling symptoms persisted and she could not return to work. Our client then applied to LINA for STD benefits. In support of her claim, she submitted disability forms from her primary care physician and neurosurgeon which stated she could not sit or stand for prolonged periods due to fatigue and headaches and that she was recovering from a craniotomy. She also submitted voluminous medical records supporting her disabling conditions including MRIs and laboratory and diagnostic testing results. LINA denied her STD claim on the dubious grounds that the medical records did not support her disability and that she could still work. Our client appealed and provided even more medical records, yet LINA stood by its denial of benefits. That is when our client turned to the experienced disability insurance claims attorneys at McKennon Law Group PC. After a thorough review of the claim file, our attorneys filed a detailed complaint in the U.S. District Court for the Central District of California seeking the disability benefits our client was rightfully owed. During the litigation our attorneys were successful in getting additional evidence admitted into the record. This is unusual in ERISA cases which are generally confined to a review of the claim file that was before the insurer when it made its final benefits decision. During the briefing and bench trial before Judge Carter, we argued that LINA’s denial was improper and in bad faith because it relied on the biased opinions of its own on-site clinicians. These clinicians never personally examined our client, were not specialists in the conditions associated with Cushing’s Disease and their reports focused on cherry-picked statements in the medical records that would support a finding that our client was not disabled. Judge Carter agreed that our client was disabled and ordered LINA to pay her the STD benefits she was owed. (Flores2022)

McKennon Law Group PC’s Client Wins ERISA Trial Against Prudential Insurance Co. After it Improperly Denied Our Client’s Claim for Long-Term Disability Benefits
After a bench trial, in a 16-page Order on November 9, 2022, Chief Judge Kimberly J. Miller awarded McKennon Law Group PC’s Client damages for her long-term disability insurance benefits against The Prudential Insurance Company of America. McKennon Law Group PC’s client became disabled after falling off a ladder and fracturing her ankle, which required her to undergo surgery to have a piece of medical hardware installed. She made a claim for long-term disability benefits under her group disability policy with Prudential, which Prudential denied on the basis that its medical consultant expected that she would be able to return to work within four weeks of her surgery. Unfortunately, the hardware was faulty and she continued to experience severe pain even after recovering from the surgery. Due to the pain from the hardware and the side effects from her strong pain medication, she remained unable to work. On top of this, she had also developed painful arthritis in her knee, further disabling her. However, Prudential continued to deny her claim for benefits on the basis that, according to its medical consultant, she should have been able to return to work. McKennon Law Group PC filed a thorough and detailed complaint in federal district court for the Eastern District of California to recover her long-term disability insurance benefits from Prudential. After thoroughly litigating the case and engaging in a bench trial, Judge Miller found that McKennon Law Group PC had presented ample evidence on our client’s behalf to demonstrate that she is disabled according to the definition in Prudential’s policy, and issued a highly persuasive opinion in our client’s favor against Prudential awarding her all of her disability benefits through the own occupation period of her policy. Judge Miller also ruled Prudential had to review her “any occupation” claim on a remand and that our client is to be awarded reasonable costs, interest and attorneys’ fees to cover the costs, time value of money and attorney’s fees she expended by being forced to sue Prudential. This was a significant win for our client. (Logan2022)

McKennon Law Group PC Obtains $347,148 Judgment In Our Former Los Angeles County Sheriff Client’s Favor Against Reliance Standard For Improperly Offsetting Donated Sick Pay From His Long-Term Disability Benefits
On April 29, 2022, McKennon Law Group PC secured a judgment of more than $300,000 for its client, a former Los Angeles County Sheriff’s deputy who became totally disabled due to injuries sustained in an auto collision. Our client received donations from his Sheriff’s Department colleagues in the form of their accrued sick time pay, which his employer collected from his colleagues to distribute to him through its payroll system. Reliance Standard improperly offset and withheld these donations from our client, deducting them from his long-term disability benefits, claiming that because the donations were “sick time,” they were subject to offset against his benefits as “Other Income.” McKennon Law Group PC filed a lawsuit on our client’s behalf to recover the withheld donations, plus interest, attorneys’ fees and costs. When Reliance Standard did not respond to the Complaint, we moved for a default judgment. The court granted our motion and awarded our client the full amount of the damages and attorneys’ fees requested, all of the donated money Reliance Standard had taken as offsets, as well as more than $27,000 in prejudgment interest. The Court also found that 100% of McKennon Law Group PC’s attorneys’ fees, over $83,000, were reasonably incurred and billed at reasonable hourly rates. (Han2022)

McKennon Law Group PC Obtains Substantial ERISA Pension Attorneys’ Fees Award of $257,485 Against Employer
After McKennon Law Group PC filed a trial brief, Judge Stephen V. Wilson of the United States District Court for the Central District of California ruled in our client’s favor in her ERISA pension and 401(k) lawsuit. She filed the lawsuit against her deceased husband’s employer, Crew, Inc., because it had refused to pay her for years. That prompted Crew to file an interpleader lawsuit because there was another claimant to the 401(k). Judge Wilson awarded our client the entire 401(k) account value, exceeding $272,000, but declined to award any party their attorneys’ fees. McKennon Law Group promptly filed a motion for reconsideration and a motion for attorneys’ fees. While Crew vigorously opposed both motions, Judge Wilson granted both. He concluded that, because of Crew’s inexcusable delay strategy (which our firm successfully proved), and because our client succeeded on the merits, she was entitled to recover her attorneys’ fees from Crew. The Court made this ruling despite that, in most interpleader cases, claimants are not awarded their fees. Judge Wilson concluded that the firm’s hourly rates of $800 and $700 for Robert McKennon and Joseph McMillen were reasonable for ERISA work given their strong experience and outstanding abilities, including decades handling ERISA, insurance coverage, and bad faith insurance lawsuits. The Court ordered the employer Crew to pay us $257,485.89 in attorneys’ fees and costs. (Walk2022)

McKennon Law Group PC Secures Victory for Clients in California Court of Appeal Reversing Trial Court Decision to Transfer Health Insurance Bad Faith Insurance Action to Germany
The McKennon Law Group PC secured a significant victory for our clients in the California Court of Appeal, obtaining a ruling that the Superior Court abused its discretion when it granted the defendant German health insurance company’s motion to transfer the case to Germany and dismiss our clients’ bad faith health insurance lawsuit on the basis of forum non conveniens. The lawsuit arose from the defendant health insurance company’s wrongful and egregious termination of our clients’ health insurance coverage without sufficient explanation or reasoning at the time of the family’s greatest need – when our client’s son was hospitalized due to complications from a rare, terminal illness. Our clients were living in California at the time of the wrongful conduct but, due to the termination of their health coverage, were forced to leave the state to seek affordable healthcare abroad. The health insurance company filed a motion to transfer the case to Germany and dismiss the case, arguing that California was an inconvenient forum and that the case should be filed in Germany, where the insurance company was based. The trial court, focusing primarily on the residence of the parties, granted the motion. On appeal and after extensive briefing and oral argument, the McKennon Law Group PC was able to secure a remand back to the trial court to reconsider the defendant’s motion. The Court of Appeal agreed with the McKennon Law Group PC that California had a substantial interest in this case, that the lower court had placed too much emphasis on the parties’ residence, and that the lower court’s finding that California had no interest in the dispute was unreasonable given the facts of the case. The Court of Appeal remanded the case and ordered the trial court to weigh the interests of both forums, as well as all pertinent public and private factors. Our clients will now be able to again pursue their bad faith case against the German insurer and its third-party administrator. (Shar2021)

McKennon Law Group’s Client Wins Case and its Client Wins Award of Attorneys’ Fees and Costs of $182,869 in ERISA Disability Lawsuit
Our client, a former senior vice president at a major retailer, was covered by a long-term disability insurance plan with Aetna which is governed by ERISA. She became disabled as a result of her numerous medical conditions which include chronic pain syndromes, neurological deficits, spinal problems, deterioration of high-level cognitive functioning and gastrointestinal issues. After paying our client long term disability benefits for nearly two and a half years, Aetna terminated our client’s benefits. The McKennon Law Group PC sued Aetna to make it reinstate our client’s benefits. Through persuasive argument and the weight of the evidence we had collected, we convinced Aetna to reinstate our client’s disability benefits, paying all past-due and future benefits owed to her. After reinstating our client’s benefits, Aetna improperly attempted to reduce those benefits by the entirety of our client’s award of worker’s compensation benefits. We explained to Aetna the nature of its error and convinced it to refund the funds it had improperly withheld. After Aetna refused to pay our proposed attorneys’ fees, we moved the court to compel Aetna to pay our client’s fees and costs under ERISA. The court awarded our client $182,869. This was a complete victory for our client. (Smith2020)

McKennon Law Group’s Clients Prevail in ERISA Pension Lawsuit Against Henkel of America
After a bench trial, in a 25-page opinion dated April 1, 2020, Judge Janet Hall of the District of Connecticut ruled in favor of McKennon Law Group PC’s clients in an ERISA lawsuit against the administrator of their pension, Henkel of America, Inc., who had denied their claim for pension benefits. Judge Hall pointed out that Henkel had failed in its obligation to conduct a full and fair review of our clients’ claim and failed to properly investigate the claim. Henkel had even failed to comply with ERISA’s requirements governing the provision for providing information to our clients so that they could properly engage in the administrative process. This failure was sufficiently severe that Judge Hall applied a de novo standard of review to the claim even though the pension plan’s documents originally entitled Henkel to a more favorable standard of review. Judge Hall explained that our clients raised numerous factual issues that led to the possibility that they were entitled to the benefits they sought. She concluded that, under the applicable precedent, the matter should be remanded to Henkel so that it could conduct a proper investigation into our clients’ entitlement to benefits. We had several strategic victories along the way that contributed to winning this battle for our clients. We prevailed on a motion for extensive discovery that proved pivotal in obtaining the favorable standard of review that ultimately helped to win remand of the case; discovery is rarely permitted in ERISA cases. We also successfully defeated a hard-fought attempt to dismiss the entire case based upon statute of limitations and laches arguments. Judge Hall’s decision led Henkel to reach a confidential settlement to pay our clients’ pension benefits and attorneys’ fees. (Rapp2020)

Aetna Reverses Claim Denial Decision in an ERISA Disability Lawsuit and is Ordered by Federal Judge to Pay McKennon Law Group PC $115,000 in Attorney’s Fees
Our client, a legal secretary, could no longer work in her occupation or any occupation due to debilitating symptoms of fatigue, shortness of breath and muscle pain caused by two rare disorders. She filed a long-term disability claim with her disability insurer, Aetna, which was denied. She appealed the decision but the claim denial decision was upheld. After learning of Aetna’s decision, our client decided to seek out the best ERISA long-term disability attorneys she could find and that was the McKennon Law Group PC. The firm prepared a detailed lawsuit seeking her unpaid disability benefits. Based on our aggressive advocacy, Aetna reversed its denial decision shortly after a mediation and agreed to pay our client all of her past-due long-term disability benefits, interest on those benefits and pay ongoing future benefits. Aetna also agreed to pay our client’s costs associated with the lawsuit. Aetna fought our ability to get attorneys’ fees so we filed a motion seeking attorneys’ fees, which Aetna vigorously opposed. After rejecting several of Aetna’s arguments and finding that our client was entitled to a fee award, Dale S. Fischer of the U.S. District Court, Central District of California, awarded our client almost $115,000 in fees. (Foger2020)

McKennon Law Group PC Obtains Substantial ERISA Long-Term Disability Attorneys’ Fees Award
Our client could no longer work as a secretary or in any occupation because she suffers from debilitating neck, shoulder, arm, wrist and hand pain and numbness.  After her group long-term disability insurer wrongfully denied her claim for disability benefits, our firm filed a detailed ERISA lawsuit in federal court seeking our client’s unpaid disability benefits.  The insurer promptly capitulated and agreed to pay all our client’s past and future disability benefits.  The insurer, however, refused to pay our client’s substantial attorneys’ fees and costs.  It claimed they were excessive and offered just $35,000.  We promptly filed a motion to recover our attorney’s fees, which the insurer vigorously opposed.  Judge David O. Carter of the United States District Court for the Central District of California granted our motion.  Judge Carter concluded that the firm’s 2018 to 2019 hourly rates of $750 and $625 for Robert McKennon and Joseph McMillen were reasonable for ERISA work given their strong experience and outstanding abilities, including decades handling disability insurance, ERISA and bad faith insurance lawsuits.  The Court ordered the insurer to pay us $130,000 in attorneys’ fees and costs.  (Ibar2020)

McKennon Law Group PC Wins at Trial in ERISA Disability Lawsuit against Long-Term Disability Insurer MetLife
After a bench trial, in a 46-page opinion dated March 24, 2020, Eastern District of California federal court Judge Troy Nunley ruled in favor of McKennon Law Group PC’s client in her ERISA lawsuit against her long-term disability insurer MetLife, who had denied her claim for long-term disability benefits. Judge Nunley pointed out many weaknesses in MetLife’s denial decision, including the fact that it relied almost entirely on the reports of its own hired medical consultants who “only performed paper reviews of Plaintiff’s medical records and neither observed nor treated Plaintiff personally.” He harshly criticized MetLife’s doctor consultant because his opinions were “not well-supported” and conclusory. The firm had several strategic battle victories along the way that contributed to winning the war for our client. We prevailed on a motion for partial summary judgment, where the Court ruled that the standard of review at trial would be de novo. We augmented the administrative record with the client’s favorable Social Security disability finding. Judge Nunley found that our client was totally disabled from performing the material duties of her own sedentary occupation. The Court entered judgment in our client’s favor and ordered MetLife to pay all her benefits for the Policy’s “own occupation” period, plus prejudgment interest for the last seven years. This decision will allow our client to collect all her substantial attorneys’ fees and costs she incurred aggressively fighting MetLife for the last five years. (Monr2020)

MetLife Agrees to Pay Our Financial Advisor Client Full LTD Benefits for Mental Health Disability, Then Is Ordered to Pay His Attorneys’ Fees & Costs
McKennon Law Group PC prevailed in an ERISA lawsuit filed against MetLife, our client’s group long-term disability insurer, after MetLife wrongfully terminated his benefits just short of the two-year limit for mental illness disabilities. Our client could no longer perform the duties of his own occupation as a financial advisor because he suffers from severe depression, daily panic attacks and an inability to concentrate following his divorce and losing custody of his two young boys. After MetLife quit paying his long-term disability benefits, the firm filed a detailed ERISA lawsuit against it. More than a year later, MetLife surrendered on the eve of trial and reversed its claim decision, agreeing to pay all our client’s disability benefits. MetLife, however, refused to pay our client’s substantial attorneys’ fees and costs, claiming that he did not prevail in the lawsuit because there was no trial but a voluntary payment. We promptly filed a motion to recover our attorney’s fees, which MetLife vigorously opposed. On June 18, 2018, in a detailed 9-page opinion, Judge Andrew J. Guilford of the United States District Court for the Central District of California granted our motion. The Court ordered MetLife to pay us over $140,000 in attorneys’ fees and costs.

Aetna Is Ordered to Pay Our Aerospace Engineer Client Long-Term Disability Benefits for Back Pain Through the ‘Any Occupation’ Period
On February 27, 2018, in Wright v. Aon Hewitt Absence Management, LLC, et al., District Court Judge Andrew J. Guilford conducted a bench trial regarding Aetna Life Insurance Company’s decision to deny our client’s claim for long-term disability benefits. At trial, McKennon Law Group PC argued that our client, an aerospace engineer, could no longer work due to extreme back pain and that those complaints were well-supported by the available medical evidence and thus he was entitled to payment of his disability benefits. On March 31, 2018, Judge Guilford issued an “Order Reversing Administrator’s Denial of Long-Term Disability Benefits” in which he explained that he agreed that Aetna’s denial decision was improper. In that Order, Judge Guilford rejected Aetna’s assertion that our client was not entitled to benefits because he was previously able to work through his reports of pain, remarking that “pain may become more difficult to bear if it goes on for years with no end in sight.” Judge Guilford ordered Aetna to pay disability insurance benefits to our client through the “any occupation” period and remanded the claim back to Aetna to decide whether our client could perform “any occupation” for which he is qualified by education, training and experience. We will soon file a motion for attorneys’ fees and costs under ERISA based on our client’s successful trial victory.

Prudential Is Ordered to Pay Our Bank Manager Client Long-Term-Disability Benefits for Visual & Psychological Problems, and Is Denied SSDI Offset
On March 22, 2018, following a trial in an ERISA case after trial briefing by both parties, in the case of Bowlin v. The Prudential Insurance Company of America, District Court Judge Josephine L. Staton issued an order awarding long-term disability benefits to McKennon Law Group PC’s client, a bank manager who was unable to work due to her generalized anxiety disorder, depression, adjustment disorder and vision problems. In her ruling, Judge Staton noted that the opinions of our client’s treating physician and psychologist established her inability to perform the duties of her occupation and were well-reasoned, well-supported, and were entitled to more weight than the opinions of the medical professionals hired by Prudential who failed to offer a sufficient basis for rejecting the treating physicians’ opinions. Judge Staton also refused to allow Prudential to offset estimated Social Security Disability payments from our client’s benefit amount due to her failure to appeal the denial of her claim for Social Security benefits, since Prudential never communicated that our client should pursue an appeal as it was required to do under the terms of the long-term disability insurance policy. This decision will allow our client to collect all of the attorney’s fees and costs she incurred pursuing this litigation against Prudential.

MetLife Agrees to Pay Our Financial Advisor Client Full LTD Benefits for Lower-Back Pain & Impaired Concentration, Is Ordered to Pay All Attorneys’ Fees
McKennon Law Group PC prevailed in an ERISA lawsuit filed against Metropolitan Life Insurance Company (“MetLife”), our client’s group long-term disability insurer, after MetLife terminated his benefits. Our client is a financial advisor that could no longer perform his job duties because of debilitating, post-surgical low back pain and impaired concentration caused by his pain medication. On the eve of trial, after the McKennon Law Group PC prevailed on two critical evidentiary motions, the disability insurer capitulated and agreed to pay our client all of his benefits. The insurer, however, offered to pay just a small fraction of the firm’s attorney’s fees and costs, contending they were unreasonable in amount. We promptly filed a motion to recover our attorney’s fees, which MetLife vigorously opposed. On January 31, 2018, in a detailed 11-page opinion, District Court Judge M. James Lorenz of the United States District Court for the Southern District of California granted our motion. The Court ordered MetLife to pay 100% of our attorney’s fees (and some costs), together totaling $294,391. Judge Lorenz concluded that the firm’s hourly rates of $700, $600 and $290 for Robert McKennon, Joseph McMillen and Stephanie Talavera, respectively, are reasonable for ERISA work given their strong experience and outstanding abilities, including decades handling insurance coverage, ERISA and bad faith insurance lawsuits. Judge Lorenz concluded that every minute of the firm’s time spent on the case, 515.1 hours, was reasonable and recoverable from the disability insurer, MetLife: “considering the quality of the work produced by McKennon Law Group PC and the successful result obtained, the Court finds reasonable the 515.1 hours counsel spent on this case.”

Judge Orders Claims Administrator to Pay Our Client Long-Term-Disability Benefits for CFS, Nixing Its Demand for ‘Objective’ Medical Evidence
On November 26, 2017, by an administrative law hearing before the Honorable Julia Beck, McKennon Law Group PC secured a victory against the County of Los Angeles and Sedgwick Claims Management Services, Inc. Our client was forced to stop working at the County because of disabling chronic fatigue syndrome (“CFS”). Despite that, Sedgwick (the claims administrator for the County’s Long-Term Disability and Survivor Benefit Plan), denied our client’s claim and refused to pay her disability benefits. Sedgwick concluded that her alleged CFS disability was excluded under the County’s Plan because it was not supported by “objective” medical evidence. After listening to witness testimony and argument presented by the McKennon Law Group PC, Hearing Officer Beck disagreed and reversed Sedgwick’s benefits decision. She ruled in a 9-page Decision that our client was totally disabled. She adopted our argument that the Plan required “prevailing medical evidence” of disability, not the “objective” medical evidence standard Sedgwick had erroneously relied upon to deny the claim. Further, she ruled that our client’s disability was justified by “prevailing medical evidence” because while there is no single, objective diagnostic test available in the medical community to diagnose a patient with CFS, a largely self-reported illness, the client’s treating physicians all diagnosed her following the protocol widely accepted in the medical community (which does not require a positive lab test for CFS, a test which is not even medically possible). This decision will allow our client to recover all of her past-due and future long-term disability benefits under the County’s Long-Term Disability Plan.

Our Client Wins $514,611 Judgment, Including Prejudgment Interest & Attorneys’ Fees, Against Former Agent Who Fraudulently Retained Commissions
On August 10, 2017, McKennon Law Group PC secured a judgment exceeding one-half-million dollars for its client, a company whose former agent breached their Agent’s Contract. The agent wrongfully retained commissions due the client under the contract after the agent defrauded many policyholders in connection with the sale of life insurance, health/medical insurance and annuity policies he sold that were subsequently cancelled (and the premiums refunded to the policyholders). After the Complaint was filed, the agent and our client settled the case. When the agent breached the installment payment settlement agreement, we promptly filed an ex parte motion to enter judgment against him. The judgment we obtained for our client included the agent’s (Irwin Cohen) entire outstanding principal settlement balance, plus $27,000 in prejudgment interest and the client’s full attorney’s fees and costs. The Court found that 100% of McKennon Law Group PC’s fees, approximately $150,000, were reasonably incurred and billed at reasonable hourly rates.

McKennon Law Group PC Wins $551,967 Judgment, Plus Attorneys’ Fees & Prejudgment Interest, Against Former Agent Who Fraudulently Issued Insurance Policies
On August 17, 2017, McKennon Law Group PC secured a default for its client, a company whose former agent committed fraud and breach of contract against our client and against numerous life insurance policyholders. The former agent wrongfully obtained commissions from the company by causing policies to be issued to individuals who were either not aware that policies were being issued in their name or were misled as to the extent and nature of the policies being issued. McKennon Law Group PC filed a number of motions, and the judge ultimately issued an order striking the former agent’s answer and entering default against him. In addition, the judge ordered $21,955 in sanctions to be paid to our client. On December 5, 2017, the judge ordered a total judgment of $551,967.09 be issued against the former agent Oscar Galdamez, the full amount requested on behalf of our client, including over $173,000 in attorneys’ fees and over $59,000 in prejudgment interest. The judge found that 100% of McKennon Law Group PC’s fees were reasonably incurred and billed at reasonable hourly rates, including Mr. McKennon’s hourly rate of $700.

Union Security Ins. Co. Is Forced to Pay Long-Term-Disability Benefits, Including Attorneys’ Fees & Prejudgment Interest, to Our Disabled-Office Manager Client
On August 2, 2016, the McKennon Law Group PC secured a trial victory for its disabled client, Adrienne Turner, who was forced to stop working as an office manager because of carpal tunnel syndrome, chronic pain and other conditions. She filed a claim for long-term disability benefits with Union Security Insurance Company, but the insurer denied her claim, arguing that the medical evidence did not support her claimed disability. The McKennon Law Group PC filed an ERISA lawsuit, and following a July 29, 2016 trial, Federal District Court Judge Cormac J. Carney ruled that Union Security’s claim decision was incorrect and determined that she was entitled to her long-term disability benefits. The Court explained that it found the conclusions of her treating physicians to be “more compelling” than those of the “paper review” physicians hired by Union Security. In addition to receiving her past-due long-term disability benefits under ERISA, Union Security will be required to pay The McKennon Law Group PC’s attorneys’ fees and costs our client was forced to incur in filing a lawsuit against Union Security, in addition to pre-judgment interest.

Aetna Is Forced to Reimburse Medical Insurance Claim & Pay Attorney’s Fees to Our Client, a Father Who Paid Out-of-Pocket for Daughter’s Rehab While Aetna Deemed Treatment as Not Medically Necessary and Denied It
Following the submission of trial briefing in our case Eric Tykeson v. Aetna Life Ins. Co., on April 28, 2016, Federal District Court Judge James S. Otero issued a detailed, 25-page order finding in favor of the McKennon Law Group PC’s client, Eric Tykeson, a father fighting to recover money he paid to a residential treatment facility for treatment his minor daughter received. Initially, Defendant Aetna Life Insurance Company approved the daughter’s stay at the intensive, 24-hour treatment center. However, after a few months of treatment, Aetna determined that further residential treatment was no longer “medically necessary,” and instead would only agree to pay for out-patient treatment. Acting on the advice of his daughter’s physicians, the McKennon Law Group PC’s client kept his daughter at the facility, and paid the medical bills while appealing Aetna’s decision. Eventually, the daughter was able to transfer to a different facility; however, Aetna refused to reimburse the father for the $113,000 in treatment that he paid for. Accordingly, he was forced to file a lawsuit seeking reimbursement of the funds that he paid for her treatment. McKennon Law Group PC argued that Aetna’s determination that the residential treatment was not “medically necessary” was neither supported by the available medical records nor the language in the ERISA-governed health insurance plan provided by his employer. Aetna primarily relied on its proprietary Level of Care Assessment Tool (“LOCAT”) to argue that residential treatment was no longer necessary as of the date of the denial of the claim for continuing 24-hour care. Additionally, while the case was reviewed under ERISA’s abuse of discretion standard of review, the McKennon Law Group PC argued that Aetna was not entitled to full discretion because of it did not engage in a “meaningful dialogue” with the father. The Court agreed that Aetna committed procedural violations, which reduced the amount of discretion its decision was afforded. The Court explained that “the administrative record supporting a finding that Aetna abused its discretion when it concluded that the residential treatment was not ‘medically necessary.’” Accordingly, Judge Otero issued a judgment in favor of the McKennon Law Group PC’s client for the full amount he paid and determined that Aetna will pay our client’s attorneys’ fees and costs.

District Court Is Ordered by Ninth Circuit to Use Critically Important Info It First Ignored, Then Is Ordered to Award Attorneys’ Fees for the Work That Obtained That Info
The McKennon Law Group PC recently secured a victory at the Ninth Circuit Court of Appeals, obtaining a ruling that the District Court abused its discretion by unreasonably refusing to award attorneys’ fees for work performed on behalf of a health insurance claimant under an ERISA plan. In litigation regarding whether an insurance company, acting as an ERISA administrator, received a claim for health insurance benefits and unreasonably failed to pay the claim, the District Court initially found in favor of the insurance company, ignoring evidence uncovered during discovery that the insurance company received the health insurance claim when it was made. On appeal to the Ninth Circuit, the McKennon Law Group PC was able to secure a remand back to the District Court, which was instructed to consider the information uncovered by the McKennon Law Group PC during discovery. On remand, the District Court considered the information, which demonstrated that, contrary to its claim, the insurance company did receive the health insurance claim. However, when awarding attorneys’ fees, the District Court refused to award attorneys’ fees for the time spent obtaining the very evidence used to prove that the insurance company received the claim. Following a second round of briefing and oral argument to the Ninth Circuit, the entire panel agreed that the District Court abused its discretion when it failed to award attorneys’ fees for the time spent obtaining information proving that the insurance company received the claim, and remanded the matter back to the District Court with an instruction that the insurance company is responsible for paying the disputed attorneys’ fees.

LINA Is Ordered to Reverse Its Denial of an LTD Benefits Claim Filed by Our International-Company VP Client
After a bench trial on December 14, 2015, in a Memorandum of Decision dated December 16, 2015, Federal District Court Judge James Selna found in favor of McKennon Law Group PC’s client, a vice president of a large international company, who sought reversal of LINA’s denial of her ERISA long-term disability insurance benefits from LINA. Judge Selna’s decision pointed out many weaknesses in LINA’s denial decision, including the fact that LINA’s decision relied almost entirely on the report of its own physician, who based his findings on a review of our client’s medical records, and never examined her or spoke with any of her treating physicians (whose findings supported a finding of disability). Judge Selna characterized LINA’s physician’s report as “confusing and unpersuasive” and stated because LINA’s physician did not explain his reasoning and because he “reasoned in an entirely conclusory fashion,” his report did not amount to an analysis of the claim at all, such that “the Court will not afford it any weight.” Judge Selna also determined that LINA did not correctly analyze our client’s occupational duties because it did not include or consider her substantial travel duties. LINA argued that the court need not consider them since they were not listed in the Department of Labor’s Dictionary of Occupational Titles. Ultimately, Judge Selna found that LINA did not provide our client with “a prompt and complete review of the claim.” He entered judgment in our client’s favor requiring LINA to reverse its disability insurance claim denial and remanded the matter to LINA for another decision consistent with his opinion to correct LINA’s errors and to consider new evidence submitted by our client during litigation. This decision allowed our client to collect all of her substantial attorneys’ fees and costs she incurred in fighting LINA.

Sun Life Is Ordered to Pay Over $450K, Including Attorneys’ Fees, to Our Client Seeking Long-Term-Disability Benefits
On April 22, 2015 in our case of Jeffrey Evans v. Insurer Sun Life Financial, the Ninth Circuit Court of Appeals, in an unpublished decision, affirmed the Federal District Court Judge Carney’s decision in favor of our client Jeffrey Evans against his insurer Sun Life Financial, in which he noted Sun Life’s conflict of interest “required more skeptical judicial review” and held that Sun Life abused its discretion in denying our client’s claim for disability benefits. District Court Judge Carney had found in favor of our client, who sought his ERISA long-term disability benefits from Sun Life. The court noted Sun Life acted improperly by, among other things, demanding “objective” evidence of disability, a standard of evidence not required by the plan, and relying on a “paper review” by paid physicians who failed to speak with plaintiff’s treating physicians. The Ninth Circuit affirmed our client‘s award of $452,707 including over $215,000 in attorneys’ fees for litigation in the District Court. Sun Life challenged McKennon Law Group PC’s attorneys’ fees incurred on the appeal arguing the firm should not be paid any of them, or if the firm received fees, that they should be reduced. The Ninth Circuit completely rejected Sun Life’s challenge and awarded the firm over $172,000 in additional attorneys’ fees for its full fees incurred on the appeal. The Court did not reduce any of the McKennon Law Group PC’s requested fees. The Ninth Circuit found that the firm’s fees were completely reasonable and appropriate.

Our Wrongful-Foreclosure Client Wins an $11 Million Judgment Against Chase Manhattan
A Santa Monica jury awarded $10,225,000 (plus ten percent interest) against Chase Manhattan Bank in a wrongful foreclosure case in which the McKennon Law Group PC represented Plaintiff. Robert McKennon represented the Plaintiff at a critical time prior to the trial of the case.

Attorney McKennon Wins Patent-Dispute Arbitration Award of Nearly $4 Million; Arbitrator Lauds Robert McKennon for his “Exceptional Skill in Cross-Examining” Witnesses
McKennon│Schindler LLP, Robert J. McKennon’s prior law firm, attained a $3.94 million arbitration award in a business litigation dispute involving a patent license. Robert McKennon was lauded by the Arbitrator for his “exceptional skill in cross-examining” key witnesses that led to the arbitration victory.

McKennon Law Group PC Persuades Misbehaving Insurer, CIGNA, to Pay Our Client’s Urgent Care and Continuing Treatment Bills; District Court Also Awards Attorneys’ Fees
In our case, Selina Bryant v. CIGNA Healthcare of California, our client incurred substantial medical expenses due to urgent care and continuing treatment she needed following a serious auto collision. The insurer denied that a claim was ever filed, it refused to provide claim documents,it neglected to explain its denial and it withheld medical coverage. McKennon Law Group PC convinced Judge Gary Klausner to enter judgment against CIGNA and to fully pay the medical claim. In addition, Judge Klausner, after a reversal by the Ninth Circuit, awarded our client substantial attorneys’ fees and costs.

McKennon Law Group PC’s Client Receives Accidental Death and Dismemberment Benefit for Wife’s Tragic Death
Our client’s wife had an accidental death and dismemberment (“AD&D”) policy that was provided as part of her employer’s employee welfare benefit plan. The policy was governed by ERISA and provided for benefits in the event that she passed away due to an accident. The wife was 64 years old and looking forward to retirement when she had an accidental fall at her workplace which injured her right hip, right shoulder and right elbow. She was taken to the hospital and the medical records noted that her medical history included COPD and depression. She was administered pain medication and underwent a total right hip replacement and right shoulder open reduction. The surgeries went well but the wife continued to complain of pain and remained on pain medication. Over the next few days, she developed tremors and hospital staff noted that she was increasingly confused. She was discharged from the hospital and transferred to an inpatient rehabilitation center where she participated in several forms of therapy. Unfortunately, her physical and mental condition continued to decline over the next several weeks. Our client’s wife was then taken to the emergency department because of shaking and hypoxia. Testing showed evidence of pneumonia, and she was diagnosed with respiratory distress and sepsis. She was sedated, transitioned to “comfort care” and administered a morphine drip. After an update from medical staff her family informed the attending doctor that she would not have wanted supplemental oxygen that would prolong her suffering. Oxygen therapy was discontinued and the wife tragically passed away. The death certificate listed the cause of death as “respiratory failure,” “severe sepsis” and “bilateral pneumonia.” Our client made a claim for AD&D benefits under his wife’s policy. The insurer, Securian Life Insurance Company (“Securian”) had the claim reviewed by one of its in-house medical professionals. The doctor determined that the wife’s death was caused by pneumonia and sepsis and as a result of her prior COPD and depression which caused the confusion. Securian denied AD&D benefits on the basis that the death was not caused by the accident but by pre-existing medical conditions and by the pneumonia and sepsis which were acquired while the wife was at the rehabilitation center. That is when our client turned to the respected ERISA accidental death and dismemberment attorneys at McKennon Law Group PC. We sent a detailed letter to Securian appealing the denial of benefits. We cited controlling caselaw which holds that in the Ninth Circuit, the “substantial contribution” test is applied to AD&D policies that are governed by ERISA. Under that test, benefits are payable unless a pre-existing condition substantially contributed to death. We argued that the wife’s pre-existing COPD and depression were not “substantial” contributions as required under the law to deny benefits. In further support of the appeal, we retained a well-respected pathologist who reviewed the medical records and submitted a report. The pathologist disagreed with the opinion of Securian’s doctor and concluded that the wife’s death was directly attributable to the accidental fall. His opinion was that the fall resulted in surgery which led to the stay at the rehabilitation facility and, but for the fall, the wife would not have acquired pneumonia or sepsis. The pathologist further concluded that the COPD and depression played no role in the death. Our arguments were persuasive because Securian reversed its denial less than a month later and agreed to pay the $300,000 benefit. Our client was very impressed with the quick result and grateful that he avoided a long and costly lawsuit. (Cowa2024)

Insurance Company Reverses its Denial of Accidental Death and Dismemberment Policy Benefits to McKennon Law Group PC’s client after Successful Appeal
Our client, a successful computer programmer, suffered a boating accident and lost four of his right-hand fingers. When he submitted a claim for accidental and dismemberment benefits to his insurance company: Prudential Insurance Company of America, pursuant to a Policy through his employer, it was swiftly denied. Prudential claimed that our client’s loss did not meet the requirement in his Policy, providing that a claimant must have a “permanent loss of four fingers by severance at or above the point at which they are attached to the hand.” The McKennon Law Group PC immediately appealed the denial, arguing that our client was entitled to benefits because he could not perform the substantial and material acts of his own occupation with the remnant parts of his four fingers, and his fingers were permanently and functionally useless due to the severity of the injury. Additionally, the severance was in great proximity to the location where the fingers were attached to the hand and produced permanent function loss of the fingers equivalent to the loss produced by a complete severance of those fingers. Moreover, ambiguous provisions in a Policy should be interpreted against the insurance company pursuant to the rule of contra proferentum (i.e., ambiguities are construed against the drafter, the insurer), as the California Supreme Court stated in the recent case of Yahoo, Inc. v National Union Fire Insurance Co., etc., 14 Cal.5th 58, 72 (2022). Specifically, the court stated that when a provision is susceptible to more than one reasonable interpretation, it is ambiguous; in those situations, the court must interpret the provision in a way that protects the reasonable expectations of the policyholder, and if the court still cannot resolve the ambiguity, the provision is interpreted in favor of coverage. Our argument for the win was that the language defining “loss” as “permanent loss of four fingers by severance at or above the point at which they are attached to the hand” was sufficiently ambiguous because the severance location was not defined in any medical terms and was subject to two or more reasonable interpretations. Thus, it must be construed against Prudential to include the loss suffered in this case. Based on these arguments, we persuasively convinced Prudential to reverse its denial decision. Our client received the full amount of his accidental dismemberment benefits. (Fennel2024)

McKennon Law Group PC Settles Our Client’s ERISA Pension Benefit Claim and Collects Its Attorneys’ Fees In Addition to Promised Pension Benefits
Our client began working for a large life insurance company in 1993. In late 1999, it purchased another company and our client became an employee of that company. Around the time of the purchase, our client’s new employer made representations to her that she would be eligible for her new employer’s pension plan and that her time working with her prior employer would be credited and vested towards her pension. Our client received several statements from the pension board indicating that her credited date of service began in 1993 and based on that date, what her expected monthly pension would be upon her retirement.
In 2023 our client submitted paperwork to begin the process of collecting her pension. It was not until this time that she was informed for the first time that her credited date of service was not 1993, but 2003, the date her specific business group began participating in her former employer’s pension plan. As a result, her former employer calculated her monthly pension to be less than half of what it previously represented. She was rightfully shocked and upset that her long-awaited retirement would have to be put on hold because she could no longer afford to stop working. She had multiple phone calls with the pension department who explained that the prior calculations were an error but that the pension would remain at the lower amount.
That is when our client turned to the experienced ERISA pension benefit attorneys at McKennon Law Group PC. We thoroughly examined the complex pension plan which was governed by ERISA and subsequently filed a lawsuit in the U.S. District Court for the Central District of California. We alleged that her employer and the plan had breached the pension plan by failing to pay the higher benefit amount and that it breached its fiduciary duty to our client by, among other things, repeatedly misrepresenting the amount of her monthly benefit.
Defendants moved to dismiss the case, arguing that our client had not exhausted administrative remedies prior to filing suit on her claims as required by ERISA and that the breach of fiduciary duty claim was duplicative of the claim for benefits. We argued that she had exhausted her administrative remedies regarding the claim for benefits through her interactions with her pension department, that the claim for breach of fiduciary duty was not subject to ERISA’s exhaustion requirement and that our client was allowed to bring a claim for breach of fiduciary duty in the alternative to a claim for benefits. Our arguments won the day as the judge gave us an early win by ruling in our favor.
Soon after the judge’s ruling, the defendants reached out to us to discuss settlement. We worked with our client to negotiate a favorable and confidential settlement which met her retirement needs. We were also able to negotiate the payment of our attorneys’ fees and costs, which allowed our client to receive a greater share of the settlement. Our client was incredibly grateful for the excellent result and was impressed by the firm’s knowledge of the issues and prompt communications at every stage of the case. (S. Olsen2024)

After Four Years of Battling Our Client’s Disability Insurer, McKennon Law Group PC Settles Its Client’s Significant ERISA Long-Term Disability Benefits Case for Full Benefits and Attorney’s Fees
The bad faith and ERISA disability attorneys at McKennon Law Group PC were successful in settling our client’s claim for long-term disability (“LTD”) benefits after four years of litigation with her disability insurer. In late 2005, while working as her company’s community relations manager, our client fell backward off a stage and landed on the concrete floor below. Early the following year she began experiencing intense chronic pain in her neck and shoulders, tingling and numbness in her right arm and hand as well as pain in her right leg. She continued to work through the pain because she loved her job. However, in April 2017, she was finally forced to stop working because the pain became unbearable.
She filed a claim for LTD benefits through her company’s employee welfare benefit plan that was governed by ERISA. Her disability insurer denied her claim and she sought out the highly experienced disability insurance attorneys at McKennon Law Group PC to handle her administrative appeal. We prepared a detailed, 20-page appeal letter that explained why the insurance company’s decision was incorrect, given the medical evidence and supporting case law.
Nonetheless, the insurer stood by its decision to deny benefits and we filed a lawsuit in federal court seeking the benefits our client was owed. We were successful in persuading the court that our client was disabled. Even after giving it the benefit of a favorable standard of review, the judge determined that the insurer had abused its discretion when it denied benefits under the LTD policy’s two-year own occupation period. The judge ordered the insurer to pay those benefits and remanded the claim back to the insurer to evaluate our client’s eligibility for ongoing LTD benefits under the policy’s “any occupation” provision.
We assisted our client in completing forms and gathering additional medical records to support her continuing disability. She participated in an Independent Medical Examination (“IME”) performed by one of the insurance company’s doctors. The insurance company denied LTD benefits for the “any occupation” period a year after the judge’s order. We counseled our client on the best strategy going forward, and she agreed to file a second lawsuit while also pursuing an appeal of the denial with the insurance company. This two-front assault applied significant pressure on the insurer and its attorneys requested an early mediation. We prepared a detailed mediation brief which outlined our arguments that we would make to the judge if a settlement was not reached. Those included the fact that, because the insurance company was untimely in making its benefits decision, the favorable standard of review would not be applied by the judge and instead a more plaintiff-friendly standard would be used. Furthermore, we criticized the IME doctor’s report as biased, and we used our own vocational expert to undermine the insurance company’s conclusion that our client could work in other jobs. The insurance company made several low-ball settlement offers, and we encouraged our client not to accept them which ended the mediation. Our tactic was effective because the insurer continued settlement discussions and we were able to settle the case for all the LTD benefits, past and future, that our client was owed. The insurer also paid our attorney’s fees and costs. Our client was beyond relieved that her battle for her benefits was at an end, and she was incredibly grateful that we stuck with her for over four years aggressively pursuing her disability claim. (McGuire2024)

McKennon Law Group PC Settles Complicated Long-Term Disability Lawsuit After Successful Appeal to the Ninth Circuit and Prior to Jury Trial
The dedicated bad faith and ERISA disability benefits attorneys at McKennon Law Group PC were successful in settling our client’s claim for long-term disability (“LTD”) benefits after four years of litigation involving two separate lawsuits in federal court and one successful appeal to the Ninth Circuit Court of Appeals. Our client worked as a registered nurse and became disabled due to complications related to Cushing’s Disease. She had short-term disability (“STD”) and LTD policies through her hospital’s employee welfare benefits plan. Her STD claim was denied by the insurer and she made several unsuccessful attempts to file an LTD claim but the insurer and her employer’s human resources department failed to process the claim. Our client appealed the denial of STD benefits, but the insurer upheld its denial.
Desperate to obtain her disability benefits so she could support her family, which included two disabled children, our client came to the disability lawyers at McKennon Law Group PC. We filed a lawsuit in the U.S. District Court for the Central District of California. We argued that the insurer’s denial of STD benefits was incorrect given the overwhelming medical evidence supporting disability. We also argued that our client should receive LTD even though she never completed an LTD claim because the STD and LTD policies were nearly identical. The court agreed that the insurer had improperly denied STD benefits but also ruled that our client was not entitled to LTD benefits because she never filed an LTD claim.
Seeking to correct what the judge found lacking, our client filed an LTD claim and the insurer denied it based on the judge’s prior order. We immediately filed another lawsuit seeking LTD benefits as well as emotional distress damages, punitive damages and attorneys’ fees. The case was transferred to the same judge. The insurer filed a motion to dismiss the case, arguing that the issue of LTD benefits was decided in the first lawsuit and that the legal theory of res judicata prevented relitigating that question. The judge granted the motion. We appealed to the Ninth Circuit Court of Appeals and argued that res judicata did not apply because the first case was about STD benefits that were denied, and the second case was about LTD benefits that were denied. The Ninth Circuit agreed, holding that the LTD claim did not accrue until after the first lawsuit so our client was not prevented from filing her second lawsuit.
The case was remanded back to the district court judge who set a date for a jury trial. The insurance company suggested the parties participate in a mediation before beginning substantial pre-trial briefing. We prepared a detailed mediation brief which passionately advocated for our client on both the facts and the law. We explained that there was no doubt a jury would be sympathetic to our client’s crusade and award substantial damages. The insurer tried to low-ball our client with its settlement offers but we counseled her to remain firm. Our strategy won the day because at the end of the mediation the insurance company agreed to a confidential settlement for an amount well above the LTD benefits that our client was owed. Our client was incredibly grateful for the firm’s hard work and four-year commitment to her case. (Flores2024)

McKennon Law Group PC’s Client Prevails in Difficult ERISA Accidental Death Insurance Case Before Fifth Circuit Court of Appeal
Our client, represented by a different law firm, lost at trial in her ERISA accidental death and dismemberment insurance policy case against her group AD&D insurer. Her husband had tragically passed away after he fell and struck his head on the bathroom floor at an urgent care clinic. He went there because he was not feeling well. An autopsy was performed, and the medical examiner concluded that he had cardiovascular disease, which caused his aorta to rupture, which in turn caused him to fall and suffer an accidental head injury and die. The autopsy examiner specifically found that his preexisting heart disease caused his death. And that blunt head trauma from his fall (skull fracture and brain hemorrhage), also contributed and was the direct and immediate cause of his death. The trial court ruled against our client because the policy required, for accidental death benefits to be payable, that an accidental injury must be the sole cause of death, independent of other causes. The trial court found the decedent’s accidental head injury was not the sole cause of his death because his preexisting heart disease also caused it. And, therefore, his death was not covered by the policy. Because the Texas district court had already ruled against our client after an ERISA trial, she knew she would need exceptional lawyers with expertise in accidental death insurance. She looked across the country for the best accidental death insurance attorneys she could find, and she hired the California law firm of McKennon Law Group PC. We appealed her case to the Fifth Circuit Court of Appeals in Louisiana, and we resolved the matter to the client’s satisfaction with a nice settlement for her. (Leont2024)

McKennon Law Group PC Client Prevails on ERISA Appeal Regarding Accidental Death Benefit Insurance Resulting From a Death While Hiking: Wins Over $1.4 Million For Its Client
Our client and her four young children were devastated when they lost their beloved husband and father to a premature death, at just 50 years old, on Father’s Day Eve. Although he was diagnosed with high cholesterol, hypertension, and pre-diabetes, had a family history of coronary artery disease, and was slightly overweight, like many Americans, he lived with these conditions for years without issue. To combat his health problems, he regularly hiked, exercised, did not smoke or drink, and led an active, healthy lifestyle. He was also a true family man and outdoorsman. Each month with the Boy Scouts, he and his oldest son would camp, hike, bike, backpack, or climb. Unfortunately, on one of those fun trips with the Scouts, he tragically passed away moments after he slipped and fell 10-to-14 feet off a boulder (on a dangerous part of the Black Star Canyon Falls hiking trail). According to eyewitnesses, he landed hard with a loud thud on the ground in the ravine below on his chest. Despite that, the Coroner concluded that our client’s husband died naturally from preexisting severe atherosclerotic cardiovascular disease (because his autopsy showed he had a totally occluded right coronary artery and very limited trauma to his body from his fall). Our client’s grief was exacerbated when her group ERISA accidental death insurer, Life Insurance Company of North America (“LINA”), through its claim administrator New York Life Insurance Company, denied her accidental death claim based on the Coroner’s report. Her AD&D insurer denied her claim on the ground that her husband’s death was caused by his preexisting coronary artery disease, not his hiking accident. New York Life relied on the policy’s insuring clause and disease exclusion, that precluded coverage for deaths caused even in part by a preexisting health condition. After New York Life denied her claim and obstinately refused to pay her benefits, she turned to the experienced accidental death insurance attorneys at McKennon Law Group PC. With the help of a medical pathologist expert, and after we conducted an extensive investigation that involved the Coroner, Sheriff, Fire Department, Zoleo SOS, the deceased’s treating doctors, medical literature, the Black Star Canyon terrain, and the witnesses present at the accident scene, we submitted a detailed appeal to New York Life that persuasively argued that the death was accidental and covered by the policy as interpreted by Circuit Court precedent, Dowdy v. Metropolitan Life Ins. Co., 890 F.3d 802 (9th Cir. 2018) and Kellogg v. Metropolitan Life Insurance Co., 549 F.3d 818 (10th Cir. 2012). We successfully proved that our client’s husband died from commotio cordis – an agitated heartbeat caused by a blunt impact to the chest that is often fatal, i.e., the Buffalo Bills Damar Hamlin scenario – not his preexisting occluded artery. Our investigation and appeal caused New York Life to reverse its claim decision. LINA paid our client over $1,415,000 in benefits and interest, without her having to file a lawsuit. She was overjoyed and relieved at the result, especially because our win, she felt, honored her late husband. The win allowed her and her young children to move on from the insurance company’s disturbing position that her husband died from an unhealthy lifestyle, not a tragic accident. (Gray2024)

McKennon Law Group PC Adds Another Success Story With a Speedy Settlement of Full Benefits and Attorneys’ Fees After a Lawsuit Was Filed Against a Disability Insurer in Arizona Federal Court Case
The attorneys at McKennon Law Group PC obtained a quick full disability benefits payout in a complex short-term disability case under the Employee Retirement Income Security Act of 1974 (“ERISA”). Our client was employed as a senior project manager at a bank when he became disabled. His symptoms included reduced dexterity, extreme fatigue, increased irritability when stressed, excessive eye tearing, losing focus, and multiple issues with the control of his hands.

Due to the pre-existing health condition of Parkinson’s disease, our client was initially not eligible to receive long-term disability benefits. However, the client had a policy for short- term disability benefits through his employer, which would entitle him to benefits for loss of wages during a period of up to 180 days after his disability occurred.

When our client submitted his claim for short-term disability to the plan administrator, he included extensive medical records and physician reports, prepared by specialists in their medical field that detailed the extent of his disability. However, the claims administrator ( a disability insurer) denied our client’s claim and acted in bad faith by conducting an unreasonable and sloppy investigation, and by abusing its discretion considering the overwhelming medical evidence of disability.

Our client’s medical file was initially reviewed by just a nurse who failed to request an independent medical examination and erroneously concluded that our client’s treatment of his medical condition did not support a disability finding. That is why it is particularly important that a client continues to receive medical care and follows any doctor recommended treatments and tests during the duration of his or her claim review process. Continuous and adequate medical care for the client’s disability is one of the main decisive factors, even cited by some Courts as the most important one in many cases, which will lead to a final favorite decision awarding either short-term or long-term disability benefits.

When the client appealed his claim’s denial, the plan administrator hired a physician consultant to review the medical records, who did not examine the client and provided an illogical and defective peer review of the client’s medical file. Subsequently, the client’s claim was improperly denied citing insufficient medical records to support a short-term disability award.

Luckily, our client was in the hands of the experienced disability attorneys of the McKennon Law Group PC, who immediately recognized the deficient handling of the client’s claim in the face of reliable and credible evidence provided in the medical file. Our client was denied a full and fair review of his claim and he had to aggressively pursue his legal rights.

McKennon Law Group PC has filed multiple cases alleging both ERISA violations and bad faith conduct by disability insurance companies. Our attorneys immediately filed a lawsuit after our client exhausted all his administrative appeals. Just because a pre-existing health condition may preclude recovery under long-term disability policy, it is still possible for disability claimants to receive substantial monetary benefits for a shorter period under short-term disability plan provisions.

In this specific case, our client’s pre-existing Parkinson’s disease progressed quickly from mild to moderately severe during his employment and presented significant difficulty to the client when he was performing his everyday job-related tasks. We filed a lawsuit in April 2024 in an Arizona federal court where our client resided that presented in detail the extensive medical evidence supporting disability benefits and exposing the egregious and erroneous claim handling that resulted in denial of disability benefits.

Once the insurer realized their grossly inadequate handling of our client’s claim, they quickly settled within only a few months of filing of our client’s lawsuit. Our client received all his short-term disability benefits and all his attorney’s fees and costs.

We achieved this highly favorable “home run” result through our long-standing practice of aggressively pursuing insurance claim denials. Our firm filed a lawsuit that included in its initial case filing a very thorough claim background analysis combined with the most recent case law. When faced with a thorough narrative of its arbitrary, capricious, irrational, and unreasonable benefits claim investigation, the insurer quickly settled, and our client received the best outcome for his claim. (Paknejad2024)

McKennon Law Group PC Convinces Lincoln National to Award Client LTD benefits on Appeal of Claim Denial
Our client worked in a human resources department. Through her employment, she obtained long-term disability (“LTD”) insurance with Lincoln National Life Insurance Company. The Policy was governed by ERISA. Thereafter, she developed severe ulcerative colitis. Her condition is sufficiently serious that she has to keep a camping toilet in her car at all times. She eventually started taking a medication called Entyvio. Whereas Entyvio helped her to control her ulcerative colitis, the side effects of her treatment are nearly as bad as her condition. Her immune system is severely compromised. After a treatment, which occurs every 9 weeks, she develops an upper respiratory infection. It usually takes a week to overcome the infection. Even after recovering from that infection, she is still prone to developing new additional infections. She spends most of her life ill with a respiratory infection. In light of this condition, she cannot work. However, when she submitted a claim for short-term disability benefits, Lincoln denied the claim. She knew she needed to hire ERISA disability insurance experts and turned to McKennon Law Group PC for help. We assisted her with preparation of a separate claim for LTD benefits. We worked with our client at length. We helped her to carefully prepare personal statements. We explained to her and her doctors what we required from them in terms of medical evidence. We then submitted her LTD claim. Lincoln approved it. Our client will now receive her past due and future LTD benefits. Our client’s life was changed by her approval of these badly needed disability benefits. (Saylor2024)

McKennon Law Group PC’s Clients Receive 100% of the Promised Life Insurance Benefits and Attorneys’ Fees in Life Insurance Dispute
Our clients’ mother passed away due to cancer. Before she passed, she was on leave from her employment. She continued to have medical insurance while she was on leave. She was also repeatedly informed by her employer’s representative that she would continue to have life insurance while she was on medical leave. Sadly, she died from her cancer. When her children submitted a claim for the benefits, the insurer denied it. It insisted that, in fact, their mother’s insurance had terminated. No one had informed them or their mother of this termination. The children turned to McKennon Law Group PC for help. We promptly sued both the insurer and employer. We alleged in the filed complaint that they had breached their fiduciary duties under ERISA by providing misinformation and failing to inform our clients’ mother when her life insurance was ending. The defendants quickly engaged us in settlement negotiations. We settled the claim for the entirety of the Policy’s benefit and all of our attorneys’ fees. Our clients learned that hiring the best life insurance claim denial attorneys in California really does make a difference. (Tan 2024)

McKennon Law Group PC’ Client Succeeds in Overturning MetLife’s Denial of Client’s Claim For Long-Term Disability Benefits
Our client worked as a Corporate Cashier/Analyst. Sadly, she developed a variety of disabling conditions, including Meniere’s Disease, an incurable inner ear disorder that causes vertigo, hearing loss, and a myriad of other symptoms. She suffers from migraines, memory loss, confusion, nausea, and mini-blackouts. She also has radicular nerve damage in her lower back, which causes shooting pain to travel down her thighs. Although she has had surgery on both wrists/hands, she still suffers from extensive pain and trigger finger in her right hand. Because of these conditions, she is unable to work in any occupation. Through her work, she obtained long-term disability (“LTD”) insurance with Metropolitan Life Insurance Company (“MetLife”). The disability policy is governed by ERISA. MetLife paid her LTD benefits for a year before concluding that she could work again and denied the claim. She knew she had to hire the best disability insurance lawyers in California. She found and hired McKennon Law Group PC. We prepared a thorough appeal letter. MetLife failed to timely respond. Of note, under ERISA, there are strict guidelines an insurer must follow when addressing a claim. We took an aggressive posture and informed MetLife that it had failed to comply with ERISA’s requirements and we informed it that we intended to sue for the benefits due under her policy. MetLife promptly contacted us and reinstated our client’s benefits. Our client will now receive the money to which she is entitled, including all past-due disability benefit and future benefits. She is extremely satisfied with our work and the result. (Castellon2024)

McKennon Law Group PC Convinces Insurer to Pay Full AD&D Policy Benefits After Horrific Murder Where Insurer Invoked Felony-Assault Exclusion
Our client was the beneficiary under an Accidental Death and Dismemberment policy. The insured knew people living in a homeless encampment. When he went to meet with them, he was viciously attacked. Someone then attempted to steal his motorcycle. The insured thankfully escaped alive but beaten. A day later, he returned to the encampment and he was attacked a second time and he died during the altercation. The only witnesses the police spoke with were his killers who claimed that the insured had attacked them first. The insurer, however, used this highly dubious testimony to justify denying the claim on the basis that the Policy included a felony assault exclusion that disclaimed coverage if the insured was committing a felony when he died by an accidental event. When the insurer denied the claim, his wife, the beneficiary, knew she needed to hire expert accidental death insurance claims attorneys. She found and hired McKennon Law Group PC. We quickly discovered that the insurer had failed to perform a thorough investigation before denying the claim. When we conducted our own investigation, we learned that there was a great deal of evidence the insurer had failed to consider. We promptly wrote a demand letter identifying significant evidence that the insurer failed to investigate and consider and threatened to sue it for insurance bad faith denial of the claim. We engaged in settlement negotiations and the insurer agreed to pay the entire accidental death benefit under the Policy. Our client could not be happier. (Bjorn2024)

McKennon Law Group PC’s Client Receives Accidental Death and Dismemberment Benefit for Husband’s Tragic Drug Overdose
Our client had an accidental death and dismemberment (“AD&D”) policy that was provided as part of her employer’s employee welfare benefit plan. The policy was governed by ERISA and provided for benefits in the event that our client or her spouse passed away due to an accident.

Our client’s husband had a long and complicated medical history which included the frequent administration of prescription narcotics. The husband was in the military when he suffered ankle and shoulder injuries and was prescribed opioids for pain management. The husband was subsequently diagnosed with hepatitis C which he contracted during Operation Desert Storm. He was treated and prescribed opioids for pain management.

The husband was eventually honorably discharged, and he worked as a contractor until his hepatitis C returned and the related treatment took a great toll on his health. He had several subsequent visits to the emergency department for chest pain, abdominal pain, heart disease and eventually underwent a heart catheterization. During these visits he was administered morphine, oxycodone, fentanyl, hydromorphone and other medications.

The husband was later involved in a car accident and suffered several rib fractures. He was taken to the emergency department where a drug screen came back negative. He was administered fentanyl, hydromorphone, oxycodone and other medications. Upon discharge he was prescribed cyclobenzaprine, and hydromorphone. Tragically, the husband died a few days later at the family home. Our client submitted a claim to New York Life for AD&D benefits.

A toxicology report was positive for cyclobenzaprine and fentanyl. The medical examiner’s report listed the cause of death as acute combined fentanyl and cyclobenzaprine toxicity and listed the manner of death as an accident. A death certificate was issued which also stated that the death was an accident.

New York Life denied the AD&D claim. It stated that the level of cyclobenzaprine was above the prescribed dosage and that the husband did not have an active prescription for fentanyl. As such, New York Life determined that the death was not an accident because taking narcotics that were either not prescribed or above the prescribed dosage meant that death was foreseeable.

That is when our client turned to the respected accidental death and dismemberment attorneys at McKennon Law Group PC. We sent a detailed letter to New York Life appealing the denial of benefits. That letter explained that controlling ERISA case law holds that a death may be deemed “accidental” if it was unexpected or unintentional. For example, in one case an insured died from a heroin overdose and the insurer denied benefits, arguing that death was a foreseeable result of using illegal drugs. However, the court noted that the decedent was a known heroin user which tended to prove that he did not view death as highly likely to occur because he had successfully used heroin in the past. Applying that case and others to the facts at hand, we argued that the husband had a long history of using prescription narcotics such that he would not expect death to be foreseeable and there was no indication that he wished to take his own life.

New York Life failed to timely respond and under the relevant ERISA regulations, our client was entitled to immediately file a lawsuit. After informing New York Life of this, it quickly reversed its denial and agreed to pay the benefit. Our client was very grateful that she avoided a long appeals process and potential litigation. (Cala2024).

McKennon Law Group PC Succeeds in Overturning Genworth’s Termination of Long-Term Care Benefits for its Elderly Client
The experienced and talented long-term care (“LTC”) attorneys at McKennon Law Group PC were successful in overturning Genworth’s termination of benefits for our client, an elderly man with a distinguished career in law enforcement. In 2001 our client was onboard a flight to a conference of the International Police Chiefs Association when he suffered a barometric pressure injury to his left ear. He was diagnosed with a reduced vestibular response which resulted in severe vertigo and imbalance problems. Unfortunately, as a result of his injury he could no longer meet the physical requirements to be a sworn police officer but he continued working in consulting roles until his retirement.

In 2018 he made a claim for LTC benefits with his insurer, Genworth. Genworth had him evaluated by a registered nurse who concluded that he needed assistance with dressing and bathing because of his vertigo and imbalance. This qualified him to be reimbursed for the use of his caregiver which he employed for four days per week. Genworth periodically had our client reassessed and each nurse confirmed that he needed hands-on and/or arms-length assistance with dressing and bathing. By 2020 the assessments began being conducted virtually because of the COVID-19 pandemic and his last assessment was performed in January 2023. The registered nurse again concluded that he needed assistance with bathing and dressing. However, Genworth terminated LTC benefits shortly after based on video surveillance which purportedly showed our client bending at the waist and walking without any difficulty. Our client was devastated because at the age of 84, he was on a fixed income and could not afford to pay for his caregiver who he desperately needed for himself as well as for his ailing wife. He appealed Genworth’s denial of further benefits and specifically requested an in-home assessment. Nonetheless, Genworth upheld its denial.

That is when our client turned to the respected LTC benefits lawyers at McKennon Law Group PC. We prepared a comprehensive appeal letter that included updated medicals records, personal statements of our client, his caregiver and friends and his specialist. We explained that the records showed that our client consistently reported dizziness, repeated falls inside his home and that all prior assessments performed by the nurses concluded that he needed assistance with bathing and dressing. The letter from his specialist explained that the injury to his left ear was permanent, that there was no medication or surgery that would help, and that a proper evaluation of his medical condition could not be obtained by two days of limited video surveillance. We criticized the video surveillance which showed, at best, that our client had one or two “good days” but that those days were few and far between. We also cited relevant case law which undermined Genworth’s reliance on video surveillance. We also argued that Genworth breached the LTC policy because it failed to have our client reassessed every 12 months and because it failed to promptly have a second assessment performed when Genworth decided he no longer required assistance with bathing and dressing without personally examining him. We argued that Genworth engaged in bad faith claims handling when it denied further benefits without performing a proper investigation, including when it failed to have a reassessment performed in person as our client had requested in his first appeal.

Our appeal was successful. Genworth overturned its denial of further benefits within weeks of our letter. Our client was relieved that he will continue to be reimbursed for the expenses of his caregiver and will not be put into a precarious financial situation. (Leonard2024).

McKennon Law Group PC Recovers Nearly Half a Million Dollars in Accidental Death Insurance Benefits for Our Client Located in Colorado
The highly respected accidental death and dismemberment attorneys at McKennon Law Group PC assisted their client in obtaining benefits on two accidental death and dismemberment (“AD&D”) policies after the death of his father.The father was 101 years old and living in an independent living facility in Colorado.Despite his age, the father was still active and required minimal assistance.However, he had a fall in his residence which resulted in blunt force injuries to his torso.He was admitted to a local hospital and then discharged to the nursing wing of his care facility.Unfortunately, the father’s condition quickly deteriorated, and he was transferred to a VA facility in another county where he passed away.

The coroner for the county in which the father passed away issued a death certificate which stated that the death was natural and listed heart disease and heart failure as the cause of death.The father had purchased two AD&D policies, one from Minnesota Life and another from Chubb.Our client was certain that it was the fall his father experienced that caused his death because he had been perfectly healthy prior to the fall.Since the AD&D policies required an “accident,” our client knew that with the death certificate, Minnesota Life and Chubb would deny benefits.

That is when our client turned to the experienced AD&D lawyers at McKennon Law Group PC.We reviewed the father’s medical records and consulted with another coroner in Colorado.That coroner explained that given the circumstances, it was the father’s fall that initiated a chain of events which resulted in the father’s passing and that the death should have been ruled as an accident.This coroner further explained that in Colorado it is the coroner of the county in which the trauma occurred that issues the death certificate, not where the death occurred.We obtained a report from the consulting coroner as well as an amended death certificate from the coroner in the county of the independent living facility who concluded that the death was an accident.

We assisted our client in preparing claim packages for Minnesota Life and Chubb that included a narrative, medical records, the amended death certificate and the consulting coroner’s report.Minnesota Life approved the claim and paid $145,000 in benefits.Our client had similar great success with Chubb, which repeatedly requested the same medical records and forms that he already submitted.After 10 months of back and forth with Chubb, our client again sought our assistance.We sent Chubb a detailed letter in which we explained that under Colorado law, it had engaged in bad faith insurance practices because of its faulty claim investigation and unreasonable delay in processing the claim.We threatened legal action if a favorable benefits decision was not immediately forthcoming.Our letter was successful as Chubb agreed to pay the $330,000 in AD&D benefits due under the policy.

Our client was incredibly grateful that his father’s estate was able to recover the significant amount of AD&D benefits.Because Chubb significantly and unreasonably delayed paying its claim, we intend to file an insurance bad faith action against Chubb. (McAd2024)

McKennon Law Group PC’s Disability Claim Denial Attorneys Convince Unum to Award Director of Education Long-Term Disability Benefits, Overturning Unum’s Prior Claim Denial on Appeal
Our client worked as an Assistant Director of Education at a college. She was involved in the development of educational programs and assisting the university with its student retention and licensure goals. Sadly, she developed a variety of cognitive and memory impairments that rendered her unable to work. She describes these problems as “brain fog” or that her brain is “going to mush.” She has difficulty concentrating and remembering even basic tasks. Through her employment, our client has long-term disability (“LTD”) insurance through Unum. The Policy is governed by ERISA. When she submitted a claim for benefits, Unum denied it and insisted that she was not disabled. She turned to the McKennon Law Group PC for help. We worked with our client to gather the necessary information and prepared a thorough appeal letter explaining how Unum had erred in denying the claim. The appeal letter convinced Unum to quickly reverse its position. It awarded our client her all of her past-due and future LTD benefits. Our client is very grateful for our work. (McLean2024)

McKennon Law Group PC Quickly Secures Client’s Complete Pension Benefit That The Pension Plan Had Refused To Release For Several Months
McKennon Law Group PC recently secured 100% of our client’s retirement benefit from his pension plan. Our client had properly submitted a claim for a lump sum payment of his pension benefit and the pension plan confirmed the lump sum amount of his benefits. However, the plan refused to release his benefit. Over the course of several months, our client made countless attempts to collect his benefit including hours on hold on the phone, leaving messages that went unreturned, and being told he would be contacted only to not be contacted. Our client researched online to find the best attorneys to hold the pension plan liable and collect his benefit, which pointed him to McKennon Law Group PC. McKennon Law Group PC corresponded with the pension plan on behalf of our client and quickly persuaded the plan to release and pay him his entire pension benefit. The knowledgeable attorneys at McKennon Law Group PC not only achieved this incredible result, but avoided costly, time-consuming litigation in the process. Our client was able to move on with his life and begin enjoying his retirement in a minimal amount of time and could not be more pleased with the result. (Beard2023)

McKennon Law Group PC Successfully Challenges Sedgwick’s Denial of Two Disability Benefit Claims
McKennon Law Group PC successfully advocated for the reversal of Sedgwick’s decision to wrongly deny two of our client’s short-term disability benefit claims. Our client is a network services technician at a telecommunications firm who has worked for the company for over 25 years.

Our client suffered acute back pain, which was initially believed to be linked to a pelvic mass. She had surgery to remove the pelvic mass, but the back pain persisted. She briefly returned to working from home but had to go back out on disability – during which time her disability claim was denied – before returning to working from home a second time. Around this time, our client’s employer ended its work from home program and ordered all employees back to the office. However, our client was properly granted a medical exemption and was able to continue working from home, which allowed her to successfully treat her back pain during the day by lying down and using her heating pad – which was not allowed in the office – along with stretching, ice, and traction exercises.

In March 2023, however, the company ended work from home for all employees, with no exceptions. Adding insult to injury, the company then denied our client continuing disability benefits and further advised her that she was being placed on a “leave of absence,” a precursor to termination.

Desperately wanting to get her disability benefits paid, she searched for the best disability insurance lawyers she could find and hired McKennon Law Group PC. Our disability attorneys reviewed the medical records and gathered supporting letters from her primary care physician and pain management specialist. We sent Sedgwick a detailed appeal letter outlining the many reasons why its denial of benefits was incorrect and constituted a breach of contract and breach of the implied covenant of good faith and fair dealing under California law. Our advocacy was so compelling that Sedgwick reversed both of its disability claim denials a mere three weeks later and agreed to pay our client all the benefits that she was owed. Because of our efforts, our client was able to take the necessary time away from work to recover without having to worry about being terminated from her job of 25 years due to disability. Additionally, our client is entitled to a refund of expensive COBRA health insurance premiums she was forced to pay to continue her insurance while on a “leave of absence.” (Slavensky2023)

Insurer Terminates Our Client’s Health Insurance While Her Five-Year-Old Boy (Now Dead) Admitted to the UCLA PICU with Terminal Disease; Yields High Seven-Figure Confidential Settlement of Insurance Bad Faith Case and Justice for Our Client
Another huge win for McKennon Law Group PC in a terribly tragic California state law bad faith insurance case. Our client’s life changed forever when her group health insurer terminated her family’s health insurance while her cherished little boy lay helpless in his hospital bed at UCLA pediatric intensive care unit with a terminal disease. That sent her life into an immediate, downward tailspin. She was already emotionally fragile because, one year earlier, her son had been diagnosed with a rare, progressive neurological disorder that equated to a death sentence. The health insurer piled on our client’s grief and abandoned her at her time of greatest need. The insurer’s bad faith conduct caused our client to have to worry and scramble to find affordable care for her son, rather than enjoy the last couple years of his life doting at his side as a loving mother. In addition to his frequent lengthy hospitalizations, her son needed 24-hour nursing care when he was home. Our client had to move abroad to secure affordable medical care since her insurer would not pay. Tragically, her son passed away two years later, at the tender young age of seven. The insurer’s bad faith termination of her family’s health insurance left her in financial, physical, and emotional ruins.

Before the termination, our client had a very bright future. She was a Consulting Associate Professor at Stanford University and had directed and produced award winning documentary films about international human rights violations. She had to take a medical leave of absence from Stanford to care for son (and then because she had to move abroad for his care, she had to abandon her job). The emotional trauma and physical injury that the insurer caused her to suffer in her already fragile mental state crippled her. Her insurer pushed her over the edge of emotional stability. She is diagnosed with complex post-traumatic stress disorder and a heart failure from the stress, has permanently lost the full function of her right hand due to delayed ulnar nerve surgery that she could not obtain due to the termination, and her doctor has opined that she is permanently disabled from working. After 6.5 years of hard-fought litigation and a successful appeal, we obtained a very significant confidential settlement for our client that will bring some measure of justice to her unspeakable tragedy, the loss of a child. (Sha2023)

McKennon Law Group PC Secures Significant Settlement for the Mishandling of Long-Term Disability Coverage by Employer and Disability Insurer
When our client started a new job, he enrolled in various employee benefits that were offered by his employer and governed by ERISA, including long-term disability (“LTD”) coverage. Subsequently, our client declined that coverage. However, a couple of years later he sought to reenroll in LTD coverage and completed an enrollment form through his employer’s website. Shortly after, he received a standard form from his employer’s human resources (“HR”) department confirming his benefits and listing the corresponding premiums which would be deducted from his paychecks. Among those benefits was LTD coverage. Around the same time, additional premiums started being deducted from his paychecks and our client, naturally, believed he had LTD coverage.

About a year later, our client was off work because of a shoulder injury and his short-term disability benefits were due to expire. He inquired with his disability insurance company about transitioning his disability claim to LTD. He was shocked to learn that he had no LTD coverage because he did not submit Evidence of Insurability (“EOI”) with his enrollment form a year earlier. Our client was confused because no one had told him he had to submit EOI, he had received the form from his HR department confirming LTD coverage and he was paying premiums for LTD coverage. He asked for help from his HR department but was told that all that could be done was a refund of his premiums. He asked his insurer to waive the EOI requirement, but it refused.

Our client researched the best ERISA disability benefits attorneys in California and that is when he found the highly experienced disability lawyers at McKennon Law Group PC. Recognizing the unjust treatment our client experienced, we quickly filed a detailed complaint in the U.S. District Court for the Northern District of California, naming both his insurer and the employer as defendants. During discovery we learned that after our client submitted his reenrollment form for LTD coverage, his insurer had contacted the employer and asked for EOI. However, the employer never relayed that request to our client, nor did his insurer ever follow up on the EOI.

The parties participated in a mediation in which we counseled our client to reject the defendants’ low-ball settlement offer. His insurer then filed a motion for summary judgment, seeking to dismiss the case on a statute of limitations issue but we were successful in opposing that motion. The parties submitted pre-trial briefing and we emphasized at trial how unjust it was for our client to be denied LTD benefits. Our advocacy was effective because at the subsequent bench trial, the Honorable Jacqueline Scott Corley grilled the attorneys for the employer and his insurer. However, Judge Corley strongly recommended that the parties participate in a settlement conference before she reached her decision.

During that settlement conference we again refused the defendants’ low-ball offers. Through tough negotiating, we were able to secure a very advantageous confidential settlement with the employer and his insurer that included most of our attorney’s fees and costs. Our client was incredibly grateful for the firm’s hard work and commitment to his case. (Jackson2023)

McKennon Law Group PC Successfully Settles Attorneys’ Fees ERISA Dispute With Disability Insurer on Appeal in Wisconsin Case
McKennon Law Group PC was successful in convincing our client’s disability insurance company to reverse its termination of long-term disability (“LTD”) benefits and to pay our client’s attorneys’ fees. We filed a motion for fees and costs. However, the U.S. District Court judge in Wisconsin assigned to the case reduced the firm’s attorneys’ fees for what it felt were too many hours. The firm appealed and was able to negotiate a favorable and confidential settlement on appeal that allowed our client to recover much of the fees and costs the court disallowed.

The insurer had approved and paid our client’s LTD benefits for almost a year, but then abruptly and inexplicably terminated her benefits based on unsupported conclusions provided by a medical consultant. Our client conducted a nationwide search for the best disability insurance claim attorneys she could find and hired McKennon Law Group PC. We filed a lawsuit in federal district court in Wisconsin to have the insurer reinstate her disability benefits. Soon after the lawsuit was filed, based on the compelling complaint we filed, the insurer reinstated our client’s benefits, as it obviously knew that its decision to terminate her benefits was improper and would not stand up against McKennon Law Group’s persistent efforts to get her disability benefits paid. Because our client’s ERISA lawsuit was the mechanism that moved the insurer to reinstate the benefits, our client had achieved success on the merits of her case and she was therefore entitled to recover attorneys’ fees and costs from the insurer. The insurance company filed a motion to dismiss, arguing that there were no issues present for the court to decide because our client was receiving her benefits. We opposed the motion, arguing that the issue of attorneys’ fees still needed to be decided by the court. The court denied the insurance company’s motion. We then filed a motion for attorneys’ fees, which the insurer opposed, taking the position that because it had voluntarily reinstated our client’s benefits, she had not achieved any success on the merits of her case. The judge rejected this position and agreed that our client had achieved substantial success on the merits, because without the lawsuit being filed, the insurance company would never have reinstated her benefits.

Nonetheless, the judge reduced the amount of attorneys’ fees the firm was seeking by 38%. The judge believed the firm should have filed its attorneys’ fees motion earlier and that the amount of time the firm spent on the case was unreasonable. The judge failed to appreciate that the firm first had to successfully oppose the insurer’s motion to dismiss. Indeed, the judge himself took eight months to rule on the motion to dismiss and another ten months to rule on the motion for attorneys’ fees. Finally, the judge disregarded the many other decisions in cases where other courts have found that the time spent by McKennon Law Group PC was reasonable and awarded the vast majority (and often all) of the fees requested. We appealed the judge’s unsupportable order. The parties participated in a confidential mediation and were able to settle the issue of attorneys’ fees just weeks before the opening appellate brief was due. Because of this settlement, our client was able to recover much of the fees the Wisconsin judge had cut. (Averbeck2022)

The Long-Term Care Attorneys at McKennon Law Group PC Achieve Settlement of Client’s Full Claim of Long-term Care Benefits with Insurer That Denied Our Client’s Claim For Benefits For His Elderly Mother
Our client’s mother was in her eighties when she suffered a fall in her home. Subsequently, it was decided that the mother needed 24-hour in-home caregivers. The mother needed increasing assistance with several activities of daily living and her cognitive function declined. Shortly before her death her son found her long-term care (“LTC”) policy. He submitted a claim for benefits to John Hancock to offset what his mother was paying her caregivers over several years, which were several hundred thousand dollars. Sadly, the mother passed away, but the son continued to seek the benefits on behalf of his mother’s estate.

The insurer denied the son’s claim. While it recognized that the mother qualified for benefits under the policy, it erroneously argued that the claim could only be back-dated for three months prior to the mother’s death. Because the policy had a 90-day elimination period, this meant that John Hancock was not liable for any benefits.

That’s when our client came to the best long-term care attorneys in California, McKennon Law Group PC. We gathered the mother’s medical records and prepared an aggressive, detailed, 30-page complaint which we filed in the U.S. District Court for the Central District of California. The complaint argued that the insurer breached the long-term care policy, that its actions were in bad faith and that it had committed elder abuse under California law. The complaint’s persuasiveness was proven when the insurer quickly reached out to us to discuss settlement. We were able to negotiate a prompt and substantial settlement favorable to our client with minimal litigation costs for the full amount of the long-term care benefits the insurer failed to pay. Our client is of course exceptionally happy with the settlement. (Reiner2023)

Insurer Settles Wrongly Denied Accidental Death insurance Benefits Before Litigation
The accidental death insurance claims attorneys at McKennon Law Group PC were successful in negotiating a very advantageous settlement for our clients after their mother died from an accidental overdose on her medications.

Our clients’ mother worked at a state university hospital in Colorado for 13 years. She was covered under a life insurance policy and two accidental death & dismemberment (“AD&D”) policies through their insurer. The life insurance policy provided $175,000 in death benefits, the Basic AD&D policy provided $90,000 in benefits and the Supplemental AD&D policy for $300,000 in benefits. The mother began experiencing left hip pain in 2021, further injured her left hip after a fall the following year and was forced to stop working.

In the days leading up to her death, the mother was seen at a local hospital for pain. The mother’s prescribed medications at the time included hydrocodone-acetaminophen, clonazepam, dextroamphetamine-amphetamine and hydromorphone.

Tragically, a few days after her hospital visit, our clients’ mother was found deceased in her home. The police report noted that several prescription bottles were found and that it was unclear if her death was caused by an accidental overdose or suicide.

While mourning the loss of their mother, our clients had difficulty getting their insurer to pay the life insurance benefits. Indeed, the funeral home director that our clients worked with remarked that in all his years in the profession, he had never encountered an insurer that was so difficult in paying benefits. Our clients were forced to fund the expenses for their mother’s funeral on their own. The insurer did eventually pay the life insurance benefits, but only after extensive delays and numerous inquiries by our clients.

It was not until well after the mother’s death that our clients were made aware of the AD&D policies. Claims were submitted but the insurer denied the AD&D benefits. The insurer first denied benefits under the Basic policy because of an exclusion which stated that benefits would not be paid if death was caused “directly or indirectly by drugs that were voluntarily taken.” It denied benefits under the Supplemental policy under a similar exclusion and the Supplemental policy’s requirement that bodily injury must be evidenced by a “visible contusion or wound.” It referenced an autopsy report and the death certificate which noted elevated amounts of hydromorphone and clonazepam. Both reports concluded that the manner of death was an accident caused by complications of acute hydromorphone toxicity. The insurer concluded that benefits were not payable because the mother was found to have toxic levels of clonazepam, which was prescribed, and hydromorphone, which was not prescribed. And, it concluded that benefits were also not payable under the Supplemental policy because there was no evidence of a “visible contusion or wound.”

Our clients appealed the denial of AD&D benefits. They obtained medical records which showed that their mother had been prescribed clonazepam and hydromorphone and sent these documents to their insurer, who nonetheless, upheld its denial.

That is when our clients turned to the highly experienced accidental death and dismemberment attorneys at McKennon Law Group PC. After reviewing the facts and researching Colorado’s breach of contract and insurance bad faith laws, our firm prepared a detailed, 16-page letter to the insurer. In that letter we noted that if our clients were forced to file a lawsuit and were successful, Colorado law allowed them to recover two times the amount of benefits under the AD&D policies, as well as compensatory damages for emotional distress and attorneys’ fees and costs.

The letter explained why the insurer’s conduct was in bad faith and breached the AD&D policies. First, it unreasonably delayed payment of the life insurance benefits by repeatedly sending letters requesting completion of duplicative forms, being uncooperative as observed by the funeral home director and by forcing our clients to pay the funeral costs upfront.

Second, the letter described how it failed to perform a proper claims investigation as required by state law by delay informing our clients about the existence of the AD&D policies and after claims were made and requested documents were submitted, the insurer did nothing with the claims for two months. Furthermore, the insurer immediately presumed the mother’s death was not an accident despite her complicated medical history and the conclusions that it was an accident in the police report, autopsy report and death certificate. the insurer also failed to obtain the correct medical records which proved that the mother had been prescribed both clonazepam and hydromorphone.

Third, the letter argued that the exclusions in the AD&D policies were unenforceable. The Supplemental policy’s requirement that an injury must be evidenced by a “visible contusion or wound” was intentionally defective because there is no scenario where the Supplemental policy would pay a benefit if the decedent’s sole cause of death was an accidental overdose. Therefore, it was deceptive to describe the Supplemental policy as a policy for benefits due to “accidental death and dismemberment.” Finally, the Basic policy’s exclusion that benefits would not be payable if death was caused “directly or indirectly by drugs that were voluntarily taken” was likewise defective. For example, the insurer would deny a claim if an insured had an allergic reaction to a medication, or a negative reaction to the combination of two or more medications, or by consumption of a medication that could in any way be argued to have contributed to complications with another underlying medical condition.

Our letter proved effective. Just two weeks after it was sent, we were contacted by the insurer’s attorney and were able to negotiate a substantial and confidential settlement. Our clients were grateful to our firm for putting an end to their dealings with the insurer and to receive the benefits they were rightly owed. (Barber2023)

McKennon Law Group PC Convinces New York Life to Pay Accidental Death and Dismemberment Benefits Claim in Full After Our Client’s Husband Drowned in Their Pool
Our client came home one afternoon to find that her husband had tragically drowned in their swimming pool. She quickly called the authorities. When they examined the scene, they found that he had been drinking and had a very high blood-alcohol level. They also found that some pool furniture, a loveseat, was in the pool. Our client’s husband’s arm was wedged in the loveseat’s arm rest. The investigators ruled the death an accident. Our client’s husband was covered under an accidental death and dismemberment policy with New York Life (“NYL”). Our client filed a claim for the accidental death benefits due under the accidental death insurance policy, but NYL denied the claim. It invoked an exception in the policy barring coverage if the decedent was intoxicated at the time of death. Our client turned to us for help. We analyzed the evidence and policy. We realized that NYL had failed to correctly apply California law. We submitted a thorough and persuasive appeal that included additional police reports and legal arguments explaining how NYL had erred and how it had not correctly applied California law. NYL conceded its mistake, overturned the denial of our client’s claim, and paid her claim in full. NYL has now paid the accidental death insurance benefits our client is rightfully entitled to under the Policy. Our client is very grateful to McKennon Law Group PC for successfully handling her appeal under the accidental death insurance policy. (Tambakis2023)

McKennon Law Group PC’s Client Prevails in Difficult Bad Faith Life Insurance Case
A quick win for McKennon Law Group PC on a tough California state law bad faith life insurance case. Our client was the beneficiary of her deceased son’s life insurance policy. He failed to disclose on his application important information about his health and incarceration. We were still able to secure a settlement without having to litigate the case. Our client was so pleased and grateful for our work and will now try to heal from grieving the loss of her son. (Johns2023)

McKennon Law Group PC Obtains Settlement in Which Insurer Waives its Six-Figure Overpayment Claim Against Our Client and Pays Large Settlement to Our Client Regarding His Denied Long-Term Disability Claim
In an unusual ERISA matter (the federal law that governs employee disability insurance plans) which presented two novel issues of law that no federal court in the United States has previously addressed, McKennon Law Group PC achieved a resounding victory for one of its clients. After our client had been totally disabled and receiving benefits under his long-term disability plan for more than four years, his disability insurer informed him that he owed a six-figure sum in overpayment of benefits, due to an overpayment for Social Security disability (SSDI) benefits he had received over the past several years. The insurer also sought to recoup an additional overpayment for 15 months of benefits, after retroactively recategorizing his claim as a “sickness/illness” (subject to a three-year payment limitation), as opposed to the “injury” claim they had been paying him under (which has no such limitation). The carrier demanded immediate repayment of the overpayment and began to pursue collection actions against our client after he was unable to immediately make the repayment. The insurer also terminated the client’s disability policy for alleged “fraud,” due to his failure to timely disclose his receipt of SSDI benefits, an extremely aggressive position that no insurer in the country has previously taken in an ERISA case. He searched for highly experienced disability insurance lawyers and found McKennon Law Group PC. We filed a lawsuit in the United States District Court to enjoin the insurer’s efforts to collect any of the overpayment from our client and to force the insurer to continue paying him his disability benefits. At mediation, the insurer agreed to drop the overpayment claim altogether, and to pay our client the disability benefits owed to him. The client was extremely satisfied with this excellent result, as he is now free from the insurer and debt collectors’ harassment and has some much-needed money in his pocket. (Beutl2023)

McKennon Law Group PC Convinces Insurer and Employer to Pay Our Client All of Her Improperly Denied Life Insurance Benefits and to Pay Attorneys’ Fees in Breach of Fiduciary Duty ERISA Case
Our client was an Executive Director for a large company. Through her work, she obtained supplemental life insurance coverage for her husband under a group policy. She and her husband later divorced. She informed her employer of the divorce on multiple occasions. She even attempted to terminate the life insurance coverage. However, her employer failed to terminate the coverage and continued to deduct the life insurance premiums from our client’s salary. Eventually, our client agreed to keep the insurance. Her employer and insurer continued to deduct life insurance premiums from her paycheck and confirmed that she had coverage. Her ex-husband thereafter died. When she submitted a claim for the benefits under the life insurance policy, the insurer denied the claim. It argued that the ex-husband was ineligible for coverage because of the divorce even though it and her employer had been notified of the divorce. Looking for expert attorneys to handle her life insurance claim, our client turned to us for help. We promptly prepared a thorough and detailed complaint suing the employer, insurer, and its administrator. Based on the strength of our arguments in the complaint, the defendants quickly approached us to engage in settlement negotiations. The case was settled after defendants agreed to pay our client the full value of the life insurance death benefit owed under the policy and our attorneys’ fees. Our client was thrilled that she hired us and that we achieved such a quick and favorable settlement for her. She could not be happier. (Field2023)

McKennon Law Group PC Convinces Insurer to Pay Widow Her Life Insurance Benefits, Attorneys’ Fees, Costs, and Interest
Our client, a nurse in Kentucky, acquired life insurance for her husband through her employment. Her husband worked for the same employer. He also acquired life insurance through his employment. As such, he was covered under two different policies, one from his employment and one from our client’s employment. The policies were governed by federal law, ERISA, and arose under the same ERISA plan. Our client was informed on several occasions that this “double coverage” was permitted. Sadly, our client’s husband died of cancer. While the insurer paid one policy’s death benefit, it refused to pay our client the death benefit for the second policy. It insisted that our client’s husband was not entitled to “double coverage.” Our client turned to us for help. We sued both the employer and insurer for breach of fiduciary duty under ERISA. The defendants attempted to have the case dismissed, but we successfully convinced the Court that our client’s claims were meritorious if proven true. The Court, in a published opinion, explained that ERISA fiduciaries cannot provide misinformation to plan participants and, if our client’s allegations were proven to be true, the defendants were ERISA fiduciaries that had breached their duty to our client. After obtaining this strong ruling from the Court and a subsequent mediation, we convinced the defendants to pay our client the death benefits under the second policy plus our attorneys’ fees, costs, and interest. It was a resounding success for our client. The defendants paid her what she was promised. (Blackbrn2023)

McKennon Law Group PC Secures Large Six-Figure Settlement in Partial Disability Benefits Case for Partially Disabled Law Firm Partner
Our client is a successful partner in a major law firm who has been with his firm for over 25 years. Despite developing a serious medical condition at an early age, he was able to complete law school, pass the bar exam and practice in a highly stressful and competitive area of law. He managed his symptoms with various medical providers and, prior to his claim for disability, was working 60 or more hours per week. His job duties included heavy motion practice, arguing at hearings and conducting jury trials. These duties required our client to maintain focus and concentration for extended periods of time while working long hours in a fast-paced and challenging environment. Unfortunately, our client’s condition worsened shortly after surgery such that he was and is unable to perform the quantity of work required by his firm. Under the advice of his treating physicians, he reduced his work hours by half. He submitted claims for disability benefits to his disability insurer under two policies, one provided by his firm and another he purchased on his own. Despite providing substantial medical evidence in support of his disability, including a statement by his treating physician who is a world-renowned expert in the relevant medical field, his disability insurer denied the claims. His disability insurer based its denials on the opinions of its “independent” peer review physicians who opined that our client’s restrictions and limitations did not prevent him from working a full 60-hour work week. Our client, a high-level attorney, knew the value of having the best ERISA and disability insurance attorneys in California. After doing his due diligence, he turned to the disability attorneys at McKennon Law Group PC. We submitted an extensive appeal letter to his disability insurer which included articles from medical journals discussing our client’s specific condition, statements from his treatment providers which explained why he was unable to perform the full duties of his job and a personal statement by our client. The letter also criticized the opinions of his disability insurer’s peer reviewers, particularly because they were not specialists in our client’s condition and because they cherry-picked the medical records to support their incorrect conclusions. His disability insurer then sent our client’s claim file to two additional peer review physicians who, not surprisingly, also concluded that his condition did not prevent him from working a full work schedule. We sent another letter which criticized the opinions of these additional reviewers because, among other things, they were again not specialists in the relevant medical field. Despite its flawed claims handling and analysis, his disability insurer maintained its decision to deny our client the disability benefits he was obviously owed. We then filed suit in the U.S. District Court of California. The parties participated in an Early Neutral Evaluation Conference before a magistrate judge but were unable to settle the case. The parties then participated in several Mandatory Settlement Conferences before the magistrate judge. His disability insurer frustrated further settlement discussions over the next several months because it refused to provide its calculations of the benefits which it believed our client was entitled to if he was disabled. After an extensive review of the policies’ complicated methodology for calculating partial disability benefits, the firm provided his disability insurer with its own calculations. That set the parameters for continued settlement discussions. On the eve of submitting opening trial briefs, his disability insurer agreed to pay a large six-figure sum to settle the case in exchange for our client surrendering the two policies. Our client was very pleased with the result because it will provide additional income for his family as he continues to work a reduced work schedule and undergoes additional costly treatment for his condition. (Mill2023)

McKennon Law Group PC’s Repeat Client with Eight Surgeries Prevails on ERISA LTD Appeal By Compelling Lincoln National to Reinstate Her $18,000 Monthly Benefit
Another huge win for McKennon Law Group PC on a tough ERISA appeal. Our client could no longer perform her own occupation as an executive vice president and merchandise manager for Ross Stores, Inc. because of chronic, debilitating pain in her neck, mid and low back, sacroiliac joints, right leg sciatica, and both feet not resolved after her eight orthopedic surgeries. Shockingly, her group long-term disability, The Lincoln National Life Insurance Company, terminated her LTD claim on the ground that the medical evidence showed she could perform her sedentary occupation (despite that her occupation was not sedentary and required extensive travel). Our client had worked with us before on her disability claim with a different disability insurer, which we also won. She was eager to work with us again. She hired us because she knew by experience that we are preeminent California ERISA disability insurance lawyers. We orchestrated a plan with the client and her doctors to marshal strategic medical, vocational, and witness evidence that she never thought to obtain. We submitted a detailed appeal after we worked with her and her doctors to rebut the opinions that Lincoln’s peer review doctor gave during Lincoln’s appeal review (because relatively new ERISA regulations permit that of a claimant). Our work convinced Lincoln to reverse its benefits denial decision. Our client was extremely pleased at this result, as Lincoln agreed to pay all her past-due disability benefits and reinstate her future monthly LTD benefits, $18,000 per month before offsets. (DeVries2023)

McKennon Law Group PC Client Prevails on ERISA Accidental Death Benefit Insurance Appeal: Wins $750,000 Plus Interest
Our client was devastated when she lost her beloved husband to a premature death. Although he was diagnosed with a heart condition, hypertension, obesity, and diabetes, he lived with these conditions for 15 years controlled by medication. Then, suddenly and unexpectedly, two months after he had a serious car accident that left him in chronic pain from broken ribs, he tragically passed away. His pain exacerbated his preexisting cardiovascular and hypertension conditions, which led to his death. Our client’s grief was compiled when her accidental death insurer, Metropolitan Life Insurance Company, denied her accidental death claim on the ground that her husband’s death was caused by his preexisting medical conditions, not his car accident. MetLife relied on the policy’s insuring clause and sickness exclusion, that precluded coverage for deaths caused even in part by a preexisting health condition. After MetLife denied her claim and obstinately refused to pay her benefits, she turned to the experienced accidental death insurance attorneys at McKennon Law Group PC. With the help of an expert, we submitted a detailed appeal that persuasively argued that her husband’s accidental death was covered by the policy as interpreted by Circuit Court precedent, Dowdy v. Metropolitan Life Ins. Co., 890 F.3d 802 (9th Cir. 2018), since his health conditions did not “substantially” contribute to his death. Because the client lives in Illinois where Seventh Circuit ERISA law applies, this was a novel argument. When MetLife blew the deadline to make its appeal decision under ERISA guidelines, we quickly argued that MetLife could not rely on certain evidence in its administrative record as a result. That pressure, coupled with our creative arguments that were not precedent in the Seventh Circuit, caused MetLife to reverse its claim decision. MetLife paid our client $750,000 in benefits plus interest, without her having to file a lawsuit. She was ecstatic at the result, especially because our win relieved her of her serious financial struggles following her husband’s unexpected death and her disability from working. (Guccio2023)

McKennon Law Group PC’s Client Prevails on ERISA Accidental Death Benefit Insurance Appeal After Principal Insurance Co. Initially Denies Claim
Our client was devastated when she lost her beloved husband to a premature death. Although he was diagnosed with a heart condition, hypertension, obesity, and diabetes, he lived with these conditions for 15 years controlled by medication. Then, suddenly and unexpectedly, two months after he had a serious car accident that left him in chronic pain from broken ribs, he tragically passed away. His pain exacerbated his preexisting cardiovascular and hypertension conditions, which led to his death. Our client’s grief was compiled when her accidental death insurer, Principal Life Insurance Company, denied her accidental death claim on the ground that her husband’s death was caused by his preexisting medical conditions, not his car accident. Principal relied on the policy’s insuring clause and sickness exclusion, that precluded coverage for deaths caused even in part by a preexisting health condition. After Principal denied her claim and obstinately refused to pay her benefits, she turned to the highly competent accidental death insurance attorneys at McKennon Law Group PC. We submitted a detailed appeal that persuasively argued that her husband’s accidental death was covered by the policy as interpreted by Circuit Court precedent, Dowdy v. Metropolitan Life Ins. Co., 890 F.3d 802 (9th Cir. 2018), since his health conditions did not “substantially” contribute to his death. Because the client lives in Illinois where Seventh Circuit ERISA law applies, this was a novel argument. Yet, our creative arguments that were not precedent in the Seventh Circuit caused Principal to reverse its claim decision. Principal paid our client about six figures in benefits, the entire policy benefit amount, without her having to file a lawsuit. She was ecstatic at the result, especially because our win relieved her of her serious financial struggles following her husband’s unexpected death and her disability from working. (Guccio2023)

McKennon Law Group PC Succeeds in Obtaining Disability Benefits for Scientist Whose Repetitive Hand Injuries Prevent Her From Working
Our client worked as an Assistant Scientist for a company which develops and supplies vital technologies and pathogen-protected blood components to blood centers and hospitals. Her laboratory work required extensive and repetitive use of her hands including keyboarding, mousing, pipetting, grasping and twisting. All these tasks required fine motor skills, dexterity and hand strength.

Unfortunately, our client developed repetitive stress injuries and tendinitis in both of her hands in September 2020. Her employer tried to accommodate her by reassigning her to desk and computer work. However, she continued to experience significant pain with this additional keyboarding and mousing. Her medical treatments by a variety of providers, including rheumatologists, an acupuncturist, orthopedic surgeon, occupational therapists, rehabilitation specialist and physical therapist, were all unsuccessful.

Finally, in February 2022 our client stopped working because of the continuing pain in her hands and wrists. She made a claim for short term disability (“STD”) benefits with Life Insurance Company of North America (“LINA”) under an employee welfare benefits plans offered by her employer and governed by ERISA. Her treatment providers sent medical records to LINA and completed disability forms attesting to her inability to work. LINA denied her claim for STD benefits in May 2022 because it concluded that the records did not support an ongoing functional impairment that prevented her from returning to work.

Because her treatment providers were unable to estimate when she would be able to return to work, our client was desperate to appeal LINA’s denial so she could receive the disability benefits she desperately needed. That is when she turned to the experienced ERISA disability attorneys at McKennon Law Group PC.

Our disability insurance lawyers obtained LINA’s claim file and obtained additional medical records and personal statements. We prepared a detailed, 17-page appeal letter to LINA which explained why its decision was improper. Among other things, we explained how the medical records supported the obvious conclusion that our client could not perform her job duties and how her restrictions and limitations were corroborated by her treatment providers, as well as her husband and co-workers. We cited controlling case law which holds that insurance companies cannot insist on objective findings of disability and that they must consider our client’s subjective reports of pain. We also argued that, contrary to the law, LINA did not have our client’s file reviewed by a physician with the proper expertise to give an opinion on her complicated medical condition.

LINA acknowledged receipt of the appeal letter and additional documents but failed to respond by the deadline imposed by ERISA. Between this failure and the detailed arguments in the appeal letter, LINA reversed its denial decision and agreed to pay our client the STD benefits she is owed. Furthermore, LINA agreed to evaluate our client’s eligibility for long-term benefits, which she will no doubt qualify for. Our client was relieved and incredibly grateful for the hard work of the attorneys at McKennon Law Group PC for such an excellent result. (Ackerm2023)

McKennon Law Group PC Convinces Insurer to Waive its Claim Against Our Client for Overpayment of Short-Term Disability Benefits and Negotiates Payment of 100% of Her Attorneys’ Fees
Our client received short-term disability benefits under a disability policy governed by ERISA. She was disabled due to various mental health problems. After a time, the insurer terminated her benefits because it concluded that she was no longer disabled. Before terminating her benefits, the insurer had asserted that it had made an overpayment. It then proceeded to attempt to coerce our client into paying the overpayment, which consisted of a large part of the benefits it had paid her. Our client denied that the insurer was entitled to the overpayment and needed help convincing the insurer to stop pursuing the money. She turned to McKennon Law Group PC for help. We analyzed her situation and concluded that the insurer’s attempts to pursue the overpayment were improper under ERISA. We promptly sued the insurer to reverse the overpayment and for our client’s attorney’s fees and costs. The insurer conceded that it had erred and promptly settled the matter with our client by agreeing to waive the overpayment debt and pay the full amount of her attorneys’ fees and costs. Our client is very pleased with this outcome as she now is free from the insurer and its debt collectors’ harassment. (Agloro2023)

McKennon Law Group PC Convinces Employer and Insurer to Pay Full Amount of Life Insurance Benefits and Attorneys’ Fees
Our client worked for a transportation company. Through his work, he had the opportunity to obtain supplemental term life insurance benefits for his family. His wife was guaranteed coverage up to $30,000, but, if she and her husband completed an Evidence of Insurability form, she was eligible for substantial additional coverage. Our client and his wife completed the paperwork and requested additional coverage. However, the employer’s human resources department made a careless mistake and failed to submit the completed paperwork to the insurer. Sadly, shortly thereafter, our client’s wife died of complications related to COVID-19. When our client submitted a claim for the death benefits, the employer realized that it had not submitted the paperwork to the insurer. Because it never received the paperwork, the insurer refused to pay the proper level of benefits and merely paid the initial $30,000. Our client knew he needed to find attorneys who were experts in handling life insurance claims and hired the McKennon Law Group PC. We sued both the employer and insurer for improper denial of benefits and breach of fiduciary duty under ERISA. Despite the fact that the defendants had previously rejected our client’s claims, we were able to prepare a forceful response and argument that persuaded them to quickly pay our client the entire death benefit under the Policy, attorneys’ fees, costs, and interest. Our client was treated poorly. He has now received the money he was entitled to under the law. Our could not be happier with the result we achieved for him. (Thomas2023)

McKennon Law Group PC Convinces Insurer to Pay Our Client’s Medical Bills and Attorneys’ Fees
Our client obtained his medical insurance through his employment as a plumber. His insurance was governed by ERISA because it was provided by his private employer. After several years of coverage, he received a letter from his insurer stating that it was going to terminate his insurance. Our client, in turn, contacted his employer, who handled all insurance matters for its employees. Our client was told that he still had medical coverage and the letter had been sent in error. However, the coverage was terminated. The employer continued to deduct the insurance premiums for six months after the insurer had terminated the insurance. Our client sadly learned the truth when he was in a major motorcycle accident. When the hospital attempted to verify his medical insurance, the insurer denied coverage and our client was forcibly removed from the hospital as soon as he was stabilized. Our client came to us for help. His employer had gone out of business, so we could not sue it. Instead, we sued the insurer under an agency theory of liability under ERISA based on a breach of fiduciary duty claim. This allowed us to hold the insurer liable for the employer’s actions. After multiple hard fought legal battles, we convinced the insurer to pay his medical bills in addition to his attorneys’ fees and costs. Our client is very pleased with this result so that he can carry on without the burden of his medical expenses looming over him. (McDonnell2023)

McKennon Law Group Stands By Their Client, Wins ERISA Long-Term Disability Appeal and, After the Insurer Terminates Benefits Again, Achieves a Great Settlement
McKennon Law Group PC did double-duty on our client’s disability claim denial and won both times. Our client could no longer perform her own occupation as a warehouse operations manager or any occupation because of excruciating abdominal, pelvis, and leg pain from endometriosis and adenomyosis. Yet, her group long-term disability insurer denied her long-term disability claim and appeal. After she unsuccessfully submitted an appeal on her own, the client knew she needed the best California ERISA disability claim lawyers she could find. She hired the McKennon Law Group PC. We immediately orchestrated a plan with the client and her doctors to marshal strategic evidence that won her second appeal, evidence that she never thought to obtain. The insurer quickly agreed to pay all the client’s past-due disability benefits and reinstate her future monthly LTD benefits. After several months, amazingly, the insurer denied her disability claim yet again. We filed a detailed ERISA lawsuit against the insurer in federal court in San Francisco, California. We set up a mediation quickly, and drafted a top-notch, persuasive mediation brief that resulted in a settlement without the client even having to wait for a trial. Despite that the client faced the more difficult abuse of discretion standard of review in her case, the McKennon firm was able to get around that and settle such that she will never have to deal with the insurance company again. The client was ecstatic at the result. (Cheng2023)

Widow Receives Disputed Life Insurance Benefits Following the Murder of Her Husband
The life insurance claims lawyers at McKennon Law Group PC achieved another successful settlement for our client after her husband was brutally murdered in their home by her brother-in-law. Our client’s husband was tragically murdered by his brother-in-law just two months after the couple were married and only one week after she learned she was pregnant. Our client made a claim for her husband’s $500,000 life insurance benefit issued by Primerica Life Insurance Company (“Primerica”) because she believed she was a co-beneficiary along with her husband’s mother. Instead of paying our client the share of the benefits that were properly owed to her, Primerica filed an interpleader action in the U.S. District Court for the Southern District of California. Primerica named our client as a defendant along with her husband’s mother and sister (the wife of the murderer) and asked the court to determine who the proper beneficiaries were.

Understandably, our client continued to grieve for her husband and manage the debts owed by his estate, all the while having been let go from her own high paying job. Our client contacted us after a San Diego family law attorney highly recommended our firm to her. When our client first contacted us, she was three weeks late in responding to Primerica’s Interpleader Complaint and was facing a default judgment and needed immediate help with her defense of Primerica’s lawsuit. Additionally, all the parties were mandated to attend an Early Neutral Evaluation Conference (“ENEC”) before Magistrate Judge Andrew G. Schopler in a matter of weeks.

The life insurance lawyers at McKennon Law Group PC sprang into action to file an Answer to Primerica’s Complaint and prepare for the ENEC. Our investigation revealed that the husband had purchased his policy from Primerica in 2015 and initially named his sister as the primary beneficiary and his mother and stepfather as secondary beneficiaries. After our client and her husband were engaged he decided to change the beneficiaries to make our client and his mother primary co-beneficiaries. The husband completed a change of beneficiary form a year prior to his death but he had not actually submitted the form to Primerica before his death.

In advance of the ENEC, we prepared a detailed brief for Judge Schopler which argued why our client was entitled to her 50% share of the policy’s benefits. The brief cited prior California cases holding that a change of beneficiary form that was completed but not received by an insurance company prior to death could still be valid. Additionally, we argued that if the form was not valid, the sister should not receive any of the benefits because there were allegations that she could have been an accomplice in the murder. Under California’s Slayer Statutes, an individual convicted in the killing of another is prohibited from receiving any life insurance benefits from a policy insuring the decedent. In addition, her husband’s mother was a Primerica agent and the change of beneficiary form was created, signed and maintained by her husband’s mother and thus we argued that she was Primerica’s agent and that Primerica had constructive notice of the change of beneficiary form.

On the day of the ENEC our client was well positioned given the arguments in our brief, new information regarding the policy’s language about the change of beneficiary form being valid if received after the death and a potential filing of the Counterclaim against Primerica. Over the course of five hours the attorneys at McKennon Law Group advocated aggressively for our client’s position and refused several low-ball offers from the other parties. Working with Judge Schopler we were able to reach a confidential settlement that was advantageous to our client. She will now receive the financial support she so desperately needs without undergoing a long and costly court battle with her other family members. (Yu-Rey2023)

McKennon Law Group PC Persuades Life Insurer to Pay Entire Accidental Death Insurance Benefit Plus Interest and Attorneys’ Fees After Insurer Twice Denied Claim Based on Policy’s Intoxication Exclusion
McKennon Law Group PC achieved a major success and persuaded a major life insurer to pay our client the full benefits available under her Accidental Death and Dismemberment (AD&D) insurance policy. Our client elected to have herself and her husband covered for AD&D benefits under her employer’s ERISA group insurance plan. Her husband got up in the middle of the night to use the restroom, then collapsed and hit his head. Our client, a nurse, gave him a quick look and did not notice any major injury. Two hours later, our client awoke to her husband suffering from a seizure. She immediately sought medical care and he was taken to the hospital. Unfortunately, the result of his injury was catastrophic and he died after four days of receiving medical care in two hospitals.

Our client made a claim for AD&D benefits, but the insurer denied her claim, invoking a policy exclusion that stated benefits would not be payable in cases where death was caused or contributed to by ingesting alcohol. The insurer referred to the blood work done when our client’s husband was taken to the hospital, which indicated that he had substantial alcohol in his system at the time of his fall. However, our client’s husband had suffered from chronic alcoholism for several years, thus developing a high tolerance for alcohol, which our client had noted to the medical providers. Thus, he functioned normally despite his alcohol use.

Our client then searched for highly experienced ERISA accidental death insurance claims attorneys and found McKennon Law Group PC. We hired an appropriate expert and then filed suit against the life insurer in federal district court. The top life and disability insurance claims attorneys at McKennon Law Group PC were able to utilize their remarkable experience and knowledge of ERISA and AD&D law to persuade the insurer that the AD&D alcohol exclusion did not apply in this case because the fall and resulting death was not caused or contributed to by alcohol. Rather than forcing our client to incur substantial attorneys’ fees (which are recoverable upon a showing of some success on the merits) by fighting our client, the insurer decided to cut its losses and pay 100% of the AD&D benefits, with interest, plus attorneys’ fees and court costs. Our client had already lost her husband to these unexpected and catastrophic circumstances, and on top of that was dealing with the stress of her life insurer refusing to pay the benefits to which she was entitled, having paid premiums to insure her and her family in the case of exactly this type of unfortunate occurrence. When she got the call that she would be receiving the full AD&D benefits with interest, she broke down in tears. She could not be more grateful for the result achieved by the exceptional life insurance attorneys at McKennon Law Group PC. (Mun2023)

McKennon Law Group Convinces Lincoln Financial Group to Pay Disability Benefits to IT Consultant
Our client suffers from Progressive Supranuclear Palsy(“PSP”). This disorder is characterized by the deterioration of cells in the brain and affects various portions of the brain related to movement, coordination, and thinking. Itcauses problems with a variety of different activities, including walking, maintaining balance,eye movements,and swallowing. It also affects cognition and has a variety of psychological effects. PSP is both progressive and terminal. However, it is also very difficult to diagnose. Our client was an IT Assets Consultant with Toyota and had both short-term and long-term disability insurance with Lincoln Financial Group. This insurance was through our client’s work and was governed by ERISA. Even though our client was clearly disabled, he required assistance with even basic activities of daily living, Lincoln denied the claim for disability benefits. Our client came to us for help. We worked with our client and his doctors to prepare all of the information necessary to explain to Lincoln the severity of his condition. After submitting a thorough appeal, we successfullyconvinced Lincoln to change its position and award our client his full short-term and long-term disability benefits. PSP is truly horrendous. We wish our client the best as he and his family fight this debilitating condition. We are glad we were able to convince Lincoln to pay the benefits our client is rightfully entitled to under the policies. (Mandich2022)

McKennon Law Group Convinces Insurer to Reinstate Marketing Executive’s Disability Benefits and Pay Full Interest and All Attorney’s Fees
Our client was a corporate marketing sales executive. She often had to travel throughout the country while meeting with various clients. While working, she injured her neck. This injury began to gradually cause soreness and stiffness in her neck, right shoulder, and right trapezius areas. She experienced pain on a semi-regular basis for roughly eight years. This pain was associated with her work duties. Her condition eventually worsened such that she could no longer lift heavy objects or use a computer. She applied for, and started receiving, long-term disability benefits under her long-term disability insurance policy she acquired through her work that was governed by ERISA. To treat her condition, our client underwent neck surgery. The surgery was not a success. Even though the treatment failed to alleviate her symptoms, the insurer insisted that she could return to work. It terminated her benefits. Our client began her nationwide search for highly experienced ERISA disability insurance claims attorneys, found McKennon Law Group PC and hired us to help her recover her badly needed disability benefits. We analyzed her case, prepared a thorough and very detailed complaint and mediated the matter with the insurer. Our arguments were thorough and highly persuasive, allowing us to quickly convince the insurer that it had gravely erred. We convinced the disability insurer to reinstate our client’s benefits. We also convinced it to pay all benefits from the initial date of termination through the date of the mediation, interest, and all of her attorneys’ fees. Our client obtained everything she was entitled to under the law. She was thrilled with our work and that she could again live her life without worrying about paying her bills. (Barsic2022)

Disabled Senior Investment Analyst Forced Into Homelessness Prevails with Seven Figure Settlement in ERISA Long-Term Disability Insurance Lawsuit
McKennon Law Group PC again achieves a home run settlement for one of its clients. He was a successful senior investment analyst at a prominent financial institution who could no longer perform the duties of his own occupation or any other sedentary occupation because he suffers from failed back surgery syndrome and excruciating pain in his lower extremities (from peripheral neuropathy, superficial venous insufficiency, edema, and Charcot foot). His group disability insurer wrongfully terminated his long-term disability benefits after it had paid him for two years. When his insurer denied the appeal he had prepared himself and obstinately refused to pay his benefits based on an IME, he searched for the best disability insurance ERISA lawyers he could find. He found McKennon Law Group PC. We filed a detailed ERISA lawsuit in federal court, prepared a persuasive mediation brief that undercut the IME, and argued vigorously and passionately at two separate mediations to get the job done. Our client’s fortunes have dramatically changed. While the insurer had driven our once successful client into homelessness, the insurer paid seven figures to avoid meeting our firm at trial. This, despite the more difficult abuse of discretion standard of review that applied. Our client was ecstatic at the result that truly changed his life and living conditions. (Whites2022)

The Hartford Agrees to a Substantial Settlement of Our Client’s Long-Term Disability Claim After We Filed an ERISA Lawsuit and Refused Their Low-Ball Settlement Offers
McKennon Law Group PC achieved a significant victory for our client who was wrongly denied disability benefits from The Hartford. Our client was a young sales manager for a software management company whose job duties required extensive data analysis and client interaction with Fortune 500 companies. He became unable to perform the essential duties of his job after developing a psychiatric impairment as the result of major depressive disorder and anxiety. The Hartford denied our client’s legitimate claim for long-term disability benefits and we filed a detailed complaint in federal court alleging violations of ERISA. The Hartford made an initial settlement offer well below the benefits our client was owed and continued making low-ball offers, all of which were flatly rejected. However, The Hartford soon realized that the strength of our arguments and the determination of our attorneys meant that it would have to defend the case all the way to trial, risk losing the case and being forced to pay hefty attorneys’ fees and interest. Our client, who had been unable to work for over two years, was incredibly grateful that we were able to negotiate a substantial settlement that met his financial needs. (ASton2022)

McKennon Law Group PC Negotiates Successful Settlement of Client’s Disputed Long-Term Disability Benefits With Major Insurance Company
McKennon Law Group PC succeeded in persuading a major disability insurance company to pay our client a lump sum settlement for ERISA long-term disability (“LTD”) benefits, including future benefits. The insurance company had acknowledged that our client was entitled to LTD benefits but took the position that she was disabled solely by a mental/nervous condition and was not physically disabled, and therefore LTD benefits were payable for only two years pursuant to the policy’s mental/nervous limitation, a common LTD policy provision. The insurer informed our client that it would terminate her LTD benefits at the end of two years, pursuant to the limitation, despite having received substantial medical evidence that she was physically disabled. She thoroughly researched the web looking for the best ERISA disability insurance claims attorneys available and retained McKennon Law Group PC to sue the insurance company to recover her LTD benefits beyond the two-year limitation. The exceptionally experienced California life and disability insurance claims attorneys at McKennon Law Group PC prepared a thorough complaint that put the insurer on notice that we had developed a strong case that we could win at trial. Based on the strength of the complaint, the insurer settled the case and agreed to pay a substantial settlement amount that covered her LTD benefits well into the future. Our client was ecstatic about the result. (Liw2022)

McKennon Law Group PC Forces Health Insurer to Settle Denied and Underpaid Health Claims for Substance Abuse Treatment
McKennon Law Group PC achieves another successful health insurance claim settlement. The parents of a young man struggling with substance abuse were forced to pay tens of thousands of dollars out-of-pocket for their son’s treatment because their employer-provided health insurer incorrectly denied or arbitrarily underpaid numerous insurance claims. The son became addicted to pain killers and other drugs following a sporting injury and agreed to enter an inpatient rehabilitation facility for treatment. Unfortunately, the son was not successful at first and his recovery journey took him to various facilities and providers in three different states. After a nearly two-year battle, the son completed treatment and has been clean and sober ever since. During and after their son’s treatment, the parents were overwhelmed by dozens of Explanation of Benefits documents (“EOBs”) sent to them by the insurer. These EOBs outlined each claim made by the son’s providers, stated whether the insurer approved or denied the claim, what the insurer would pay for the claims it did approve and supposedly explained why claims were either denied or not paid to the full amount billed by the providers. These EOBs were anything but an “explanation” because they referred to cut-and-paste statements found at the end of the documents and did not “show the math” when the insurer paid less than what the providers billed. The parents retained an attorney to help them but the insurer denied their administrative appeals. Facing the likelihood that they would have to postpone their retirements, the parents wanted to hire the best national firm to handle litigation against the insurer. While living in Florida, their Florida attorney recommend that they hire the ERISA health insurance experts at McKennon Law Group PC to file a lawsuit. We subsequently filed a complaint in federal court alleging that the insurer improperly denied or underpaid numerous claims and that the parents were entitled to reimbursement. We obtained and carefully analyzed the 5,000-page claim file and received additional information from the insurer through discovery, which is rare in ERISA cases. The parties participated in a mediation a month before opening trial briefs were due. We submitted a detailed 22-page brief that explained why the insurer was wrong and how its actions violated the law. Predictably, the insurer made a low-ball settlement offer. However, our attorneys used their extensive negotiation skills to force the insurer’s representatives to raise their offer above their initial authority. Facing a costly and time-consuming trial that likely would not go its way, the insurer wisely settled the case for a substantial sum in a confidential settlement. We are very pleased that our hard work and advocacy resulted in our clients’ being reimbursed for the cost of treatment that their son desperately needed and will not be forced to postpone their pending retirement. (Wallace2022)

Insurer Settles Prior Disability Insurance Claim Denial Based on a Rescinded Disability Policy and Agrees to Pay Client Substantial Disability Benefits
McKennon Law Group PC successfully settled our client’s denied disability insurance claim, obtaining most of the disability insurance benefits to which she was entitled. Our client has suffered from multiple sclerosis (“MS”). MS is a crippling condition and virtually everyone who develops it loses to the ability to work and generally function on their own. Our client was no different. She worked for a major insurance company and, through her work, she obtained long-term disability insurance. However, her work also provided her with the opportunity to obtain supplemental long-term disability insurance governed by ERISA. To obtain this supplemental insurance, she had to complete various application forms. Our client completed and submitted the forms to the insurer. She truthfully answered any and all questions presented to her during the application process. After the supplemental policy was issued, her MS worsened such that she could not continue working. She applied for disability benefits under the two policies. Given MS’s crippling nature, the insurer readily paid the claim under the first policy. However, it denied the claim under the supplemental policy claiming that she had made misrepresentations during the application process and attempted to rescind the policy. Our client knew that she needed help from the best California disability insurance attorneys and found McKennon Law Group PC. We wrote a detailed letter to the insurer and entered into negotiations with it and ultimately convinced it that our client had a strong case. We successfully settled the matter for a significant sum and avoided the lengthy litigation process. Our client was thrilled with the result. (Shelter2022)

McKennon Law Group PC Secures Long-Term Disability Benefits That Where Improperly Terminated by Guardian Under a Limitation for Mental Health Conditions
California and national disability insurance attorneys, the McKennon Law Group PC, successfully advocated for a reversal of the termination of long-term disability (“LTD”) benefits for our client where the insurance company, Guardian, incorrectly applied the policy’s 24-month cap on benefits because of a mental health condition. Our client was a Human Resources Director who stopped working in August 2018. Her job duties required her to sit for prolonged periods of time at a desk and in a chair that were not ergonomically correct. She was also required to engage in repetitive keyboarding as well as repetitive bending, twisting, turning and reaching. As a result, our client developed pain in her neck, shoulder, elbows and wrists and she was treated with anti-inflammatory medications and wrist braces. Our client also suffered from disabling mental health conditions including depression and anxiety because of a difficult work environment. Our client applied for LTD benefits with Guardian under a disability policy provided by her employer which is governed by ERISA. In June 2019, Guardian correctly determined that she was disabled because of her physical conditions and paid her LTD benefits. However, less than a year later Gurdian informed our client that it considered her ongoing disability to be based on her mental health conditions and that it would apply the policy’s 24-month limitation on paying benefits for such conditions. Guardian then terminated the LTD benefits in May 2021.
Searching for the best and most experienced ERISA disability insurance attorneys she could find, our client reached to us to handle her administrative appeal. We carefully reviewed the medical records and prepared a detailed 22-page appeal letter which outlined the various medical treatments our client pursued for both her mental and physical conditions.
To address Guardian’s denial of disability benefits, among many other things, our letter pointed out the deficiencies in the opinions of Guardian’s nurse case managers, how they never personally examined our client and how they improperly cherry-picked the medical records to improperly conclude that our client was able to work. Our letter explained that Guardian was required to take our client’s self-reports of pain into consideration, that she was legally disabled because she could not sit for more than four hours in an eight-hour workday and that Guardian violated ERISA by not having her file reviewed by medical professionals with the proper expertise. Because of our zealous advocacy on behalf of our client, Guardian reversed its denial of benefits and concluded that she is unable to perform her own or any occupation because of her physical conditions. The successful appeal and reversal resulted in the payment of $56,000 in back benefits and a continued monthly benefit of $4,000 for up to another 20 years if she remains disabled. Our client was extremely grateful for this result and we are very pleased we succeeded in getting her the disability benefits that she so desperately needs. (Perez2022)

Couple Whose Daughter Died in an Auto Accident Receives Life/Accidental Death Benefits After Lawsuit Against the Insurer
Our clients came to the McKennon Law Group PC when, tragically, their daughter, age 21, died in a car accident. They filed claims for life and accidental death benefits as beneficiaries of their daughter’s employer-sponsored life insurance ERISA plan. The insurer denied the life and accidental death insurance claims despite making several representations that our clients’ deceased daughter would be covered. The insurer alleged that their daughter had not met the plan’s eligibility requirements. We immediately assessed that our clients could win the case and, within 30 days after we filed a lawsuit for recovery of ERISA plan benefits and breach of fiduciary duty, the plan administrator and the insurer agreed to pay 100% of our clients’ benefits, with interest and 100% of her attorney’s fees (an amount in the six figures). Our clients were finally able to put this entire tragic matter behind them.

Children Receive Life/Accidental Death Benefits Plus Bad Faith Damages and Attorneys’ Fees After the Insurer Refuses Coverage for Mother’s Death in a Shower
Two young adults were crushed by the premature death of their beloved mother and best friend. Their grief was compounded when their mother’s life and accidental death insurer wrongfully accused her of committing suicide and, based on the life insurance and accidental death insurance policy exclusions, denied their claim. The insurer deceptively told them that the federal law of ERISA applied to their claim to attempt to lead them to believe that the insurer faced no exposure for bad faith liability under California law. The McKennon Law Group PC was hired and after a thorough workup proved to the insurer that the death was an accident, not a suicide, and proved that ERISA did not apply as the insurer asserted it did. The life insurer agreed to pay the full claim but then delayed paying it. We filed a bad faith lawsuit against the insurer. A mediation resulted in the insurer paying a mid-to-high six-figure settlement just to settle the bad faith claim, in addition to paying all our clients’ life and accidental death insurance benefits owed under the policies, which covered all their attorneys’ fees and their emotional distress. Many of these damages would not have been recoverable by our clients under ERISA, where life, health and disability claimant remedies are more limited.

Young Widow Prevails with Large Settlement in ERISA Accidental Death Benefit Insurance Lawsuit Involving Her Husband’s Death in a Hotel Sauna
Our client was devastated when she lost her beloved husband and best friend to a tragic sauna accident. At just 50 years old, her husband died during an unexpected accident while vacationing with her and their granddaughter. Her grief was compiled when her accidental death insurer denied her accidental death claim on the incorrect ground that her husband’s death was caused by a preexisting heart condition, not the accident. The insurer relied on the policy’s insuring clause and sickness exclusion, that precluded coverage for deaths caused even in part by a preexisting health condition. After the insurer denied her appeal prepared by a different law firm and obstinately refused to pay her benefits for years, she turned to the McKennon Law Group PC. We filed a detailed Complaint that immediately prompted her insurer to initiate settlement talks. We persuasively argued that the husband’s accidental death was covered by the policy as interpreted by Ninth Circuit precedent, Dowdy v. Metropolitan Life Ins. Co., 890 F.3d 802 (9th Cir. 2018), since his health condition did not “substantially” contribute to his death. The parties went to an early mediation which resulted in a significant six-figure settlement four months after we filed the Complaint. Our client was ecstatic at the result and that she can move on to process her grief without battling with her insurance company. (Burg2021)

McKennon Law Group PC Compels MetLife to Reverse Its Decision on Accidental Death Appeal, Agrees to Pay Our Clients (a Widow and 3 Children) All of Their Life & AD&D Insurance Benefits
McKennon Law Group PC accomplished another complete victory for our clients and made the best of their awful tragedy. Their late husband and father, our clients his widow and 3 children, died in a car accident after he struck a tree head on traveling nearly 60 mph. He had a life insurance policy and an accidental death and dismemberment policy with MetLife Insurance Company through his employer, the latter of which covered deaths caused by an accident. Both policies had death benefits, combined, totaling almost $900,000. Our clients filed claims for these benefits as his beneficiaries under the two policies. MetLife denied the claims based on its unfounded accusation that our clients’ deceased husband and father committed suicide by purposely driving his vehicle into a tree. Emotionally destroyed, our clients searched for the best and most experienced California accidental death insurance attorneys they could find and hired McKennon Law Group PC. We reviewed the file and quickly understood that MetLife had a financial motive – they misrepresented that the accidental death insurance policy and claim was governed by ERISA when it was not, which would have limited the clients’ potential damages. We hired an accident reconstruction expert who investigated the accident and opined that the physical evidence showed that the deceased fell asleep at the wheel. The expert’s opinion was corroborated by other evidence that we gathered that showed that, at the time of the accident, the deceased was suffering from extreme sleep deprivation. We also produced to MetLife in our appeal substantial other evidence that proved the death was caused by an accident, not suicide, including the police and accident reports and our clients’ personal statements. Through our aggressive advocacy, we convinced MetLife that it wrongly denied our clients’ life insurance and accidental death and dismemberment insurance claims and that it should pay them the full policy benefits. MetLife overturned the denials and paid our clients almost $900,000 in benefits. McKennon Law Group PC has filed an insurance bad faith lawsuit against MetLife under California law because of its bad faith delay in paying the accidental death claim. (Man-Xu-Smith2022)

McKennon Law Group PC Successfully Obtains Complete Approval of Client’s Long-Term Disability Benefits from Unum
Once again, McKennon Law Group PC has successfully obtained long-term disability benefits on behalf of our client who was injured at work and became disabled. Her work injury caused her to be indefinitely unable to perform the requirements of her job as an insurance specialist. After Unum paid her short-term disability benefits, it simply disregarded her claim for long-term disability benefits. She wisely retained the McKennon Law Group PC to handle her ERISA disability appeal. After first persuading Unum to acknowledge that our client had made a claim for long-term disability benefits, our highly experienced ERISA disability claims attorneys presented Unum with all the information necessary to give it little option but to approve her claim. Our client is proud of her career, and the prospect of no longer being able to provide for herself was overwhelmingly distressing. We were able to help her obtain her long-term disability benefits to which she is entitled under her disability insurance policy without the need for filing a lawsuit. Now, she can focus on rehabilitating her injury and hopefully one day return to her career. And, if Unum decides to terminate her long-term disability benefits in the future, we will be there to fight on her behalf. (Villasenor2022)

McKennon Law Group Secures Six-Figure Settlement in Bad Faith Insurance Lawsuit on the Eve of Trial that Include Extra-Contractual Bad Faith Damages
Our client worked for a computer administrator for college in Massachusetts and had disability insurance through his employer. In 2017 our client applied for long-term disability (“LTD”) benefits because of severe neck and back pain caused by significant degenerative changes in his cervical and lumbar spine. He cannot sit, stand or walk for more than 30 minutes at a time or lift more than five pounds without severe pain. He had undergone nine surgeries on his left knee and a spinal fusion, among many other treatments by various medical providers.

The insurer initially agreed that our client was disabled and paid LTD benefits for two years under the policy’s “own occupation” period. However, despite no improvement and his providers continuing to support his disability, the insurer terminated benefits in late 2019 when the policy changed to the “any occupation” period. In 2020 we appealed the denial of disability benefits decision on behalf of our client. Despite providing additional evidence of his continuing disability, the insurer upheld its decision. As a result of the decision to terminate his LTD benefits in 2019, our client and his wife were forced to sell their home and move into a trailer, take on substantial personal debt to pay medical bills and live in near poverty.

In 2021, our firm filed suit in U.S. District Court alleging state claims for breach of the insurance contract and bad faith and sought all benefits owed as well as compensatory and consequential damages, emotional distress damages and punitive damages.

During the litigation our firm advocated fiercely for our client. It was apparent that the insurer had engaged in bad faith claim handling so we retained experts who could explain to a jury how the insurer failed to properly handle our client’s claim. A medical expert confirmed our client’s long history of severe disabling conditions and opined that he could not perform any sedentary work. This expert also criticized an Independent Medical Examination (“IME”) performed by a doctor who was hired by the insurer’s attorneys after the lawsuit was filed.

A vocational expert we hired reviewed the insurer’s conclusion that our client could work in jobs similar to the one he previously had at the college. The expert found that the insurer did not take into consideration the fact that our client had no education, training or experience in these similar jobs. More importantly, the expert discovered that the insurer misclassified the previous job at the college and, because its analysis was founded on this mistake, its conclusions were wrong.

Finally, we had an insurance practices/bad faith expert review our client’s claim file. This expert concluded that the insurer had failed to follow multiple industry standards and violated agreements with state regulatory agencies that addressed the insurer’s previous improper claims handling practices. For example, the insurer did not perform an IME before terminating our client’s benefits. The insurer also failed to properly consider an earlier medical examination and finding of disability by a state pension board and failed to fully investigate our client’s comorbid conditions and side effects of medications.

In mid-2022, a few weeks before the jury trial was to begin, the insurer suggested the parties participate in a second mediation. We again rejected low-ball offers because we were confident that our arguments would persuade a jury to find in our client’s favor and make the insurer pay significantly for its improper conduct. Because of our strong negotiating skills and excellent reputation, we were able to secure a large six-figure settlement that included bad faith damages, far above what the insurer offered at the first mediation. This settlement amount will allow our client to continue his medical treatments, pay off personal debt and allow he and his wife to move out of their trailer. (Kelly2022)

McKennon Law Group PC Successfully Obtains Complete Approval of Client’s Long-Term Disability Benefits from MetLife
In another significant success for one of our clients, McKennon Law Group PC successfully facilitated Metropolitan Life Insurance Company’s approval and payment of our client’s long-term disability claim. Our client began suffering from an unexpected and painful medical condition that caused her to be unable to perform the physical functions her job as a customer service representative required. Her claim for short-term disability benefits had already been (improperly) denied, and MetLife was going to be reviewing her claim for long-term disability benefits on the same evidence. She sought out highly experienced ERISA disability claims attorneys and retained McKennon Law Group PC to represent her in submitting and managing her claim for long-term disability benefits. We compiled a comprehensive file of her claim information and medical records. Thanks to the experience and extensive knowledge of the attorneys at McKennon Law Group PC, we persuaded MetLife to approve her claim despite her short-term disability claim already being denied, and without the need for filing a lawsuit. As someone who loved having a career, the client was devastated to be unable to work. We were able to help the client avoid a catastrophic financial situation by ensuring that she receives the long-term disability benefits to which she is entitled under her disability insurance policy. And if MetLife decides to deny her long-term disability benefits in the future, we will be there to fight on her behalf. (Nicol2022)

McKennon Law Group PC Wins ERISA Appeal of Disability Benefits From LINA Worth Millions For Our Client With Severe Birth Defects
McKennon Law Group PC achieved another resounding victory when it successfully convinced Life Insurance Company of North America (“LINA”) to overturn its denial of short-term disability benefits owed to our client and to transition his case into a long-term disability claim that has the potential to pay out millions of dollars in benefits. At the time he became disabled, our client was a high-earning regional sales director for an international technology company whose job required extensive travel and important managerial duties. Our client was born with significant birth defects including only one functioning kidney, additional ribs, scoliosis, a tethered spinal cord and defects in his vertebrae. Despite these challenges our client completed school, married, had children and entered the technology sales industry. However, over time his health conditions worsened and he began experiencing severe back pain limiting his ability to engage in physical activities including the ability to sit or stand for long periods of time. He also began experiencing nerve sensations in his extremities, loss of strength in his legs and hands as well as mood swings and depression. The cocktail of medications our client takes to manage his conditions also result in terrible brain fog making it difficult to focus and think strategically. Following several surgeries, physical therapy, acupuncture and other treatments, he and his treating physicians determined that he could no longer work.
Remarkably, LINA denied our client’s claim for disability and stated that the medical records did not support an inability to perform his job duties. Our client, who was looking for the best California ERISA disability attorneys he could find, was referred to us to us seek help appealing LINA’s decision because his family was in financial distress and his health conditions made it difficult for him to concentrate on submitting the appeal himself. We prepared an extensive appeal letter which explained his complicated medical history, how his health conditions prevent him from working, why LINA’s denial was improper and enclosed voluminous medical records in support of his disability. A month and a half later LINA reversed its denial and paid over $100,000 in short-term disability benefits. Further, LINA also stated that it would transition our client’s claim into long-term disability which has the potential to pay over $2,000,000 in benefits if our client remains disabled through his retirement age, which he certainly will. Because of the hard work of the attorneys at McKennon Law Group PC our client and his family will be financially secure into the future and can focus on managing his health conditions. (Mathis2022)

McKennon Law Group Successfully Challenges Sedgwick’s Denial of Over $125,000 in Short-Term Disability Benefits
The McKennon Law Group successfully advocated for the reversal of Sedgwick’s decision to wrongly deny our client’s short-term disability benefits which totaled over $100,000. Our client is a managing director at an international bank who has worked for the company for over 30 years. His job duties regularly involve a high degree of stress and significant work hours. However, his stress and hours were recently exacerbated by a record increase in business volume and revenue.

On his last day of work our client, who has a history of hypertension and a family history of heart disease, experienced a migraine-like headache as well as nausea and dangerously high blood pressure. He was taken to the emergency room where his blood pressure was 170/101. Following his release from the hospital he was diagnosed as having had a panic attack and acute stress reaction due to stress. Sedgwick denied our client’s claim for STD benefits despite his blood pressure continuing to fluctuate to dangerously high levels and his recurring symptoms of headaches, nausea and malaise.

Once he retained McKennon Law Group, our disability attorneys reviewed the medical records and gathered supporting letters from his primary care physician and cardiologist. We sent Sedgwick a detailed appeal letter outlining the many reasons why its denial of benefits was incorrect and constituted a breach of contract and breach of the implied covenant of good faith and fair dealing under California law. Our advocacy was so compelling that Sedgwick reversed its denial less than three weeks later and agreed to pay our client all the benefits that he was owed. Because of the efforts of McKennon Law Group our client was able to take the necessary time away from work to recover without the worry of losing significant income. (Vaugh2022)

McKennon Law Group Convinces Prudential to Overturn Denial of Our Client’s Claim For Disability Benefits on Appeal
McKennon Law Group achieved another complete success with our client’s long-term disability claim. She who was a Cosmetics Sales Manager who spent long hours working on her feet assisting clients and managing employees in the cosmetics department in a Nordstroms department store. Unfortunately, she developed bilateral hip and lower-back problems. She also suffers multi-level degenerative changes at the L4-5 vertebrae, mild neural foraminal narrowing and a radiculopathy. Through her work, she had a long-term disability policy with Prudential that is governed by ERISA. Prudential initially agreed to pay our client her disability benefits under the policy. However, after 18 months, her policy converted to an “any occupation” standard. This means that if she can perform any occupation based on her education, training and experience, Prudential does not have to pay our client her benefits. Even though our client cannot work, Prudential insisted that she could perform some other occupation and terminated her benefits. When she appealed the termination of her benefits, Prudential denied her appeal. She turned to the McKennon Law Group PC, for help. We worked with her to gather the relevant medical records and prepared a second voluntary appeal where we thoroughly explained why Prudential had erred in terminating our client’s benefits. We successfully navigated through an exclusion that would have allowed Prudential to terminate her benefits. We successfully convinced Prudential to overturn its prior decision and put our client back on claim. Our client can now take comfort in the knowledge that she will receive the benefits she is entitled to. (Chabok-Mas2022)

McKennon Law Group Convinces CIGNA/LINA to Overturn Denial of Benefits on Appeal
McKennon Law Group achieved another complete success battling CIGNA concerning our client’s long-term disability claim. Our client worked as a “Supply Chain Director,” an extremely high stress and demanding position involving the management of various personnel. Due to a variety of reasons, including moving, work, and issues with his family, he developed severe and crippling anxiety and depression. His anxiety is sufficiently severe that even the thought of work causes him to “freeze up.” His depression further exacerbates this problem and renders him unable to perform some basic activities of daily living. Through his work, he received short-term and long-term disability insurance coverage with Cigna. When he submitted a claim for his disability benefits, Cigna denied the claims. Looking for the best California disability insurance lawyers he could find, he hired McKennon Law Group to help him. We prepared an appeal and worked with our client to collect documentation establishing his disability. We successfully convinced Cigna that it had erred in denying our client’s claim. He will now receive the benefits he is entitled to under the Policy. Hopefully, he and his family will be able to recover and move on to a better life. (Jolicoeur2022)

McKennon Law Group PC Convinces Insurer to Pay Disabled Mother Her LTD Benefits After Insurer Denied Her Claim Based on a Pre-Existing Condition Exclusion
McKennon Law Group PC achieved another complete victory. Our client used invitro fertilization to conceive her child. After delivering her daughter, our client developed postpartum depression. Through her work, our client was covered by a long-term disability policy governed by ERISA. Incredibly, the insurer insisted that because our client had discussed the possibility of undergoing invitro fertilization treatments before she obtained the LTD policy, any condition related to a pregnancy, like her postpartum depression, was excluded from coverage under the policy’s pre-existing condition exclusion. Understandably, our client was outraged. She required assistance in compelling the insurer to pay the money she was owed. She came to McKennon Law Group PC for expert ERISA help. We promptly sued the insurer seeking to compel it to pay our client her disability benefits under the LTD policy. We prepared a thorough and persuasive ERISA complaint. It was sufficiently persuasive that it convinced the insurer to forego even filing an answer to our complaint. Instead, we immediately entered into settlement negotiations. Ultimately, the insurer agreed to pay our client the entirety of her benefits, interest and our attorneys’ fees. Our client will now have the money she is owed plus interest, and she will not even have to pay our fees. (Stone2022)

McKennon Law Group PC Successfully Obtains Complete Reinstatement of Client’s Terminated Disability Benefits from Lincoln Financial Group
In yet another complete success for one of our clients, McKennon Law Group PC successfully overturned Lincoln Financial Group’s denial of our client’s long-term disability claim. After suffering complications during a surgical procedure, our client developed a painful permanent condition, resulting in her inability to continue working as a controller. Lincoln approved her for long-term disability benefits, only to later terminate those benefits, claiming our client could work full time. She sought out highly experienced ERISA disability claims attorneys and retained McKennon Law Group PC to represent her recover her long-term disability benefits. We compiled a comprehensive appeal of Lincoln’s bad faith denial of her benefits. Thanks to the experience and extensive knowledge of the attorneys at McKennon Law Group PC, the appeal persuaded Lincoln to reverse its decision and completely reinstate the client’s benefits, including back payment of several months’ benefits, without the need for filing a lawsuit. As someone who loved having a career, the client was devastated to be unable to work. We were able to alleviate the client’s desperate financial circumstances by ensuring that she receives the long-term disability benefits to which she is entitled under her disability insurance policy. And if Lincoln decides to terminate her long-term disability benefits in the future, McKennon Law Group PC will be fully prepared to fight on her behalf. (Gil2022)

McKennon Law Group PC Secures Substantial Settlement and Attorneys’ Fees and Costs in ERISA Disability Lawsuit in Nevada
McKennon Law Group PC once again achieved an extraordinary result for one of our disability insurance clients. Our client suffers from a rare form of heart failure which causes severe fatigue, heart palpitations and shortness of breath which prevented her from continuing to work as a registered nurse. Prudential initially paid her disability claim but then wrongfully denied future benefits despite no improvement in her condition. Over the course of two years our ERISA disability attorneys worked tirelessly with local counsel William Killip in Nevada to convince Prudential to reverse its decision. We filed suit in the U.S. District Court for Nevada. Our client rightly rejected a low-ball settlement offer and we prepared for trial. On the eve of filing opening trial briefs and based on the strength of our evidence and arguments, Prudential sought further settlement discussions. We negotiated a complete win for our client which included the payment of all back benefits owed with interest, the reinstatement of her disability benefits going forward and a six-figure settlement of her attorneys’ fees and costs. We are grateful that through our hard work and persistence, our client will get the benefits she so rightly deserves and needs. (Sal2021)

McKennon Law Group PC Obtains Settlement in Which Insurer Drops Reimbursement Claim for $135,000 in Alleged Disability Overpayments and Pays the Client’s Attorneys’ Fees
In an unusual ERISA matter (the federal law that governs employee disability insurance plans), McKennon Law Group PC achieved a complete victory for one of its clients. After our client had been totally disabled and receiving benefits under his long-term disability plan for over 15 years, his disability insurer informed him that he owed $135,000 in overpayment of benefits, due to social security benefits his daughter had received over the prior 10 years; the carrier demanded immediate repayment of the $135,000; and the carrier threatened to pursue collection actions against our client if he did not make the repayment immediately. The Client, who lives in Arizona, called numerous ERISA disability attorneys but none of them knew how to handle such a case and none would take his case. Then he found McKennon Law Group PC. We filed a lawsuit in the United States District Court to enjoin the insurer’s efforts to collect any of the $135,000 from our client, on the grounds that such collection efforts regarding overpayments are illegal under ERISA. In response to the lawsuit, the insurer agreed to drop the overpayment claim altogether, and to pay 100% of the client’s attorneys’ fees and costs. The client was beyond jubilant with this fantastic result. (Fogliet2021)

McKennon Law Group Convinces Lincoln Financial Group to Pay a Texas School Teacher His Disability Benefits
McKennon Law Group PC achieved another significant success for a Texas client, who is a schoolteacher in Texas. Unfortunately, he developed a rare genetic disorder. He suffers from chronic fatigue, lack of focus, headaches, burning ears/eyes/skin, skin rashes, fevers and flu-like symptoms. His body aches almost constantly. He also suffers from occasional bouts of dizziness, lightheadedness, burning or lightning sensation in his hands and feet and night sweats. He treated with various geneticists and specialists all over Texas to treat his condition. Through his work, our client obtained long-term disability insurance with Lincoln Financial Group. The disability insurance policy is governed by ERISA. Initially, Lincoln approved our client’s claim but, after paying a year and a half’s worth of benefits, it changed its position and insisted that our client could work even though his condition had not improved. Looking for the best nationwide disability insurance lawyers he could locate (even though we are California insurance lawyers, we handle cases nationwide), our client came to us for help. We prepared a thorough appeal letter and worked with our client to collect the necessary evidence to convince Lincoln to reinstate his benefits. Through our appeal and accompanying documentation, we convinced Lincoln to overturn its disability claim denial decision and reinstate our client’s benefits. He and his family now have the financial support they need while he attempts to treat this rare and debilitating condition. (Kirby2021)

McKennon Law Group Convinces Insurer to Pay New Mother Improperly Denied Disability Benefits Achieving a Reversal of a Pre-Existing Condition Claim Denial
McKennon Law Group PC achieved another strong success for a client, who was a Director of Triage for a major medical company. Through her work, she acquired long-term disability insurance governed by ERISA. After acquiring the disability insurance, our client became pregnant through invitro fertilization. She subsequently developed various medical issues, including postpartum depression, and was out of work for approximately a year. However, when she applied for long-term disability benefits under the policy, the insurer denied the claim. It reasoned that because two medical records from before when her coverage began referenced that she could potentially pursue invitro fertilization treatments, any conditions related to the pregnancy were pre-existing conditions. It reached this conclusion even though she had not undergone invitro treatments before she obtained coverage under the policy. Our client hired us to fight her insurer over this wrongful claim denial. We prepared a through and persuasive complaint and sued the insurer. The insurer did not even bother to respond to the complaint. It simply contacted us and agreed to pay our client her full benefits under the policy, all of her attorneys’ fees, interest and costs. Our client could not be happier that she will get to keep the entirety of the benefits she is entitled to under the policy. (Stone2021)

Young Disabled MIT Graduate Prevails with Large Settlement with Attorneys’ Fees Early in ERISA Long-Term Disability Insurance Lawsuit
McKennon Law Group PC again achieves a home run settlement for one of its clients. He was a young aerospace engineer and recent MIT graduate who could no longer perform the duties of his own occupation because he suffers from excruciating joint pain across his entire body, possibly triggered by Ehlers-Danlos Syndrome. His group disability insurer wrongfully terminated his long-term disability benefits after it had paid him for several months. When his insurer denied the appeal he had prepared himself and obstinately refused to pay his benefits, he searched for the best disability insurance ERISA lawyers he could find. He found McKennon Law Group PC. We filed a detailed ERISA lawsuit in federal court, carefully and strategically navigated around some difficult Policy terms, scheduled an early settlement conference, prepared a persuasive settlement conference brief, and argued effectively at the conference (which swayed the judge in our client’s favor). The insurer capitulated just three months after we filed the case, right after the settlement conference. It reversed its claim denial decision and agreed to pay all our client’s past due disability benefits (six figures), plus 10% interest and all his attorneys’ fees. It also reinstated his claim and will be paying him future disability benefits. Our client was ecstatic that we obtained everything he could have recovered at trial. (Toap2021)

The Hartford Agrees to Pay Our Engineer Client Long-Term Disability Benefits After Appeal
Our client, a former structural stress engineer for The Boeing Company, obtained long-term disability insurance through his work. The policy was issued by The Hartford and governed by ERISA. Tragically, our client developed multiple sclerosis (MS). As most people are aware, MS disables nearly everyone who develops it and there is no cure. Our client has suffered from this condition for many years. For a time, our client’s employer accommodated his gradually worsening condition. However, his condition eventually deteriorated to the point that, even with accommodations, he could no longer work. He applied for his long-term disability benefits. The Hartford denied his claim even though our client had been suffering from MS for years. Whereas The Hartford acknowledged that MS is debilitating, it claimed that our client’s condition had yet to progress to such a point that he could not work. Our client came to us after searching for experienced disability insurance attorneys. We prepared a thorough appeal letter that explained how The Hartford had erred in reaching its decision and we convinced it to reverse its decision. Our client promptly started to receive his benefits and now has the income he needs to provide for himself and his family. (Afghani2021)

McKennon Law Group Notches Another Win When it Convinces Reliance Standard to Reverse Long Term Disability Claim Denial on Appeal
Our client is a deputy sheriff with the Los Angeles County Sheriff’s Department. Through his work, he acquired long-term disability (“LTD”) insurance with Reliance-Standard. Unfortunately for our client, he developed severe inappropriate supraventricular tachycardia and cardiomegaly with hypertensive heart disease. At random times, his heart rate will spike. This condition results in him being completely incapacitated. Even though an inopportune moment of incapacitation for a deputy sheriff could result in the deputy or numerous other people being injured or killed, when our client filed an LTD claim, Reliance-Standard insisted that our client could work. It denied the claim based on nothing but a nurse’s examination of a few medical records. Our client came to us for help. We prepared a thorough appeal letter explaining why Reliance-Standard had erred in denying the claim. The letter convinced Reliance-Standard to arrange for a doctor to examine our client. The doctor concluded that our client could not perform his duties as a deputy sheriff and Reliance-Standard agreed to start paying our client his benefits under the policy. It was a complete success for our client who desperately needed to overturn the insurer’s disability claim denial to get his much needed disability benefits. (Bodily2021)

McKennon Law Group Achieves Full Payout of Lapsed Life Insurance Policy By Convincing Insurer to Pay Previously Denied Life Insurance Claim
Our clients are the beneficiaries under a life insurance policy covering a member of their family. The policy had lapsed multiple times over the years due to the insured failing to pay premiums. Each time the policy lapsed, the insured would simply apply for a new policy with the insurer. The life insurer lapsed the life policy again but the insurer failed to inform the insured of his right to designate other people to receive warnings when his life insurance was about to lapse. When the insured passed, the insurer denied our clients’ claim for the benefits under the policy. The insurance company claimed that the insured had made a material misrepresentation on one of the recent life insurance applications and this entitled them to rescind the policy. Our clients came to us for help after a previous attorney had failed to convince the insurance company to pay their claim. We reviewed the insurance company’s records and, upon discovering that the insurance company had failed to provide statutorily required notices, submitted a settlement demand letter to the insurer. Among other things, we explained that its failure to provide adequate notice of the right to designate a third-party to receive notices of an impending lapse in a policy violated California law and rendered the rescission attempt invalid. We discovered multiple arguments that the other attorney had missed. The insurance company realized its error and agreed to pay our clients the entire value of the life insurance policy and interest. (Bern/Antol2021)

McKennon Law Group PC Convinces Long-Term Disability Insurer to Reverse Claim Denial Decision and Pay Our Client All Past-Due Disability Benefits
Our client, a law library clerk who worked for a government entity in Texas, could no longer perform her job because of severe symptoms caused by various medical problems including rheumatoid arthritis, NASH, hypothyroidism, COPD, chronic pain syndrome and psoriatic arthritis. She filed a claim for short-term and long-term disability benefits with her disability insurer, The Lincoln National Life Insurance Company, which was denied. Our client then decided to search for insurance bad faith attorneys who were experts in handling disability insurance claims, and she found the McKennon Law Group PC. We submitted an appeal letter to the insurance company after working with our client and her treating physicians to develop and gather evidence to rebut the insurer’s position. After receiving our comprehensive appeal letter in which we pointed out the legal and factual flaws in the claim denial decision, The Lincoln National Life Insurance Company overturned its claim denial, agreed to pay our client all of her past-due short-term and long-term disability benefits and put her back on claim so that she will continue to receive all of her future long-term disability insurance benefits. (Albi2021)

McKennon Law Group Obtains Substantial Settlement Enforcing the Terms of Long-Term Care Policy and Overcoming Insurer’s Statute of Limitations Defenses
Our client has a long-term care insurance policy with the largest disability and long-term care insurer in the country. He is 95 years old and relies on the long-term care benefits he receives under the policy to pay for the nursing home care he now requires. But that did not stop his insurer from withholding significant policy benefits based on its unreasonable and bad faith interpretation of the policy. Over a period of six years, our client received care at a “Nursing Facility,” but the insurer paid him benefits at the substantially lower rate that applies to care received at a “Residential Care Facility.” The insurer’s bad faith interpretation of the coverage provision caused it to underpay our client by approximately $180,000 over that six-year period. Our client knew he had to hire highly qualified long-term care insurance attorneys. After our client and his daughter did their research, they found and hired McKennon Law Group PC. We filed a breach of contract, bad faith and elder abuse lawsuit against the insurer based on its continued bad faith failure to pay the full policy benefits. After first trying to no avail to claim that our client’s claims were barred based on the applicable statutory and contractual limitations, arguments that lacked merit because of the nature of the insurer’s continued misrepresentations and its failure to appropriately respond to our client’s claims for payment of the proper benefit amount, the insurer agreed to settle the matter for substantially more than the $180,000 underpayment. Our aggressive posture and skill in interpreting the scope of coverage provided by the long-term care policy and our successful demonstration of the insurer’s bad faith claims handling resulted in a highly favorable settlement for our client. (Pfeif-Mart2021)

Insurer Agrees to Pay a Sizable Settlement to Our Client After We Filed an ERISA Lawsuit for Short-term and Long-term Disability Benefits
Our client managed a grocery store. Unfortunately, he developed one of the most terrifying conditions a person can suffer from, Alzheimer’s disease. Because of his condition, he lost the ability to perform his job at the grocery store. Through his work, he acquired short-term and long-term disability insurance governed by ERISA. Even though our client suffers from Alzheimer’s disease and must be constantly reminded by his family to perform even basic activities, the insurer concluded that our client could still work. Our client came to us for help. We prepared a thorough complaint explaining how the insurer erred in denying our client’s claim. Shortly after filing the complaint, we began negotiating with the insurer. Ultimately, we successfully convinced the insurer to pay our client a sizable settlement while managing to keep his costs to a minimum. (Cortes2021)

McKennon Law Group Convinces Insurer to Pay Our Client Life Insurance Benefits and Attorneys’ Fees in ERISA Litigation
Through her employment, our client’s wife obtained a life insurance policy governed by the federal law that governs employee benefits, known as ERISA. Shortly after starting her job, she was diagnosed with cancer. The company granted her a leave of absence so that she could attempt to recover. While out on her leave of absence, which lasted nearly two years, she received numerous notifications stating that she was covered under the life insurance policy. Sadly, she lost her battle with cancer and passed away. Our client filed a claim for the benefits under the policy. The insurer denied the claims insisting that our client’s wife had not worked at her job long enough to be entitled to coverage under the policy. Looking for highly experienced life insurance attorneys, our client came to us seeking our assistance. We sued both the former employer and insurer. We prepared a thorough complaint that explained in detail how the insurer had erred in denying the life claim. Almost immediately after being served with the complaint, the defendants contacted us to begin settlement negotiations. After some extended negotiations, the defendants agreed to pay our client the entirety of the policy’s life insurance death benefits, interest, costs and all of our client’s attorneys’ fees. (Gill2021)

Reliance Standard Reinstates Client’s ERISA Long-Term Disability Benefits Based on McKennon Law Group’s Appeal
McKennon Law Group PC has notched yet another win over a major disability insurer, Reliance Standard, achieving the reinstatement of our client’s Long-Term Disability benefits, including past due benefits. Our client served as a Sheriff’s Deputy for almost eleven years. On his way home from work early one morning, he was involved in a serious auto accident and sustained extensive injuries including traumatic brain injury, severe fractures to several parts of his body including his face, arm, and hand. He is still unable to use his left arm, he has had seizures on a consistent basis since his first surgical procedure, walking requires him to focus all his energy, and he suffers from substantial cognitive difficulty. He has undergone more than twenty surgical procedures.
Reliance Standard paid our client’s Long-Term Disability benefits for almost three years following his accident, at which point it incorrectly determined he was able to perform the functions required for another occupation under its plan’s “any occupation” standard and discontinued payment of his benefits. Our client knew that he needed to retain the best California ERISA disability attorneys to handle his claim and get his benefits reinstated. Based on our appeal, Reliance Standard immediately reinstated his benefits and will likely pay them for the remainder of his disability benefit period. Because he put his trust in our knowledge and expertise, he will be receiving his long-term disability benefits for the next 25 years. And if Reliance Standard chooses to once again attempt to discontinue his benefits, McKennon Law Group PC will be there to provide him with valuable protection and guard his benefits. (Han2021)

MetLife Reinstates Client’s ERISA Long-Term Disability Benefits Based on McKennon Law Group’s Appeal
McKennon Law Group PC achieved yet another victory over a large disability insurer, this time MetLife, to obtain the reinstatement of our client’s Long-Term Disability benefits, including a substantial amount of past due benefits. Our client was a banker for over 35 years. While at her job standing and counting cash, she fainted and her head hit the ground. When she attempted to stand, she fainted again and when she came to, she experienced temporary paralysis. She suffered severe pain in her neck, shoulders, back, legs and hand, as well as depression and anxiety that caused her to break out in rashes. She was diagnosed with inflammation in her cervical spine. MetLife paid her Short-Term Disability benefits for one year, then began paying her LTD benefits. After approximately six months, MetLife discontinued her benefits, claiming her condition had improved enough for her to return to work. MetLife gave her 180 days to appeal its denial of her benefits, after which she would have no claim to benefits that otherwise would have been paid until her retirement age, approximately eight more years. She knew she had to hire very experienced California ERISA disability attorneys and retained us to submit her appeal. Based on our detailed appeal, MetLife reinstated her LTD benefits, retroactive to the date of its denial. Because she relied on our expertise and knowledge, she received her much-needed disability benefits and will continue to receive her benefits well into the future, likely until her retirement age. If MetLife decides to give her trouble again, McKennon Law Group PC will be there to protect her. (Buc2021)

Young Widow Prevails with Large Settlement in ERISA Accidental Death Benefit Insurance Lawsuit Involving Her Husband’s Death in a Hotel Sauna
Our client was devastated when she lost her beloved husband and best friend to a tragic sauna accident. At just 50 years old, her husband died during an unexpected accident while vacationing with her and their granddaughter. Her grief was compiled when her accidental death insurer denied her accidental death claim on the incorrect ground that her husband’s death was caused by a preexisting heart condition, not the accident. The insurer relied on the policy’s insuring clause and sickness exclusion, that precluded coverage for deaths caused even in part by a preexisting health condition. After the insurer denied her appeal prepared by a different law firm and obstinately refused to pay her benefits for years, she turned to the McKennon Law Group PC. We filed a detailed Complaint that immediately prompted her insurer to initiate settlement talks. We persuasively argued that the husband’s accidental death was covered by the policy as interpreted by Ninth Circuit precedent, Dowdy v. Metropolitan Life Ins. Co., 890 F.3d 802 (9th Cir. 2018), since his health condition did not “substantially” contribute to his death. The parties went to an early mediation which resulted in a significant six-figure settlement four months after we filed the Complaint. Our client was ecstatic at the result and that she can move on to process her grief without battling with her insurance company. (Burg2021)

Prudential Agrees to Substantial Settlement of Client’s ERISA Long-Term Disability Claim to Avoid Being Ordered to Pay Even More Through Trial
McKennon Law Group PC recently negotiated a very beneficial settlement for our client that included full payment of her LTD claim in addition to our attorney’s fees and costs. Our client had been suffering for over two years from pain, fatigue, depression, anxiety, panic attacks, among other ailments, which came on after she had given birth. After paying her short-term disability benefits for two months, Prudential stopped paying her short-term disability benefits and did not pay her long-term disability benefits. Despite the client’s doctors providing extensive medical evidence supporting her disability, Prudential relied on its own doctor’s review of the client’s medical records, without examining the client, to support its denial of her claims. After six months of litigation, we aggressively negotiated a settlement of her case. Because she put her trust in McKennon Law Group PC, she was able to obtain a lump-sum payment covering her past due benefits, future benefits, interest and attorney’s fees. Making the decision to put your case in the hands of the experienced attorneys at McKennon Law Group PC can be the difference between continuing to live in a disability insurance nightmare and being able to begin the rest of your life on a good footing. (Iso2021)

Insurer Agrees to Pay Our Clients a Large Settlement For Life Insurance Benefits Paid to the Wrong Beneficiary
Our clients were rightful heirs under the will of their deceased son, but their life insurance company paid the life insurance benefit to the decedent’s long-separated and expressly disinherited wife. Our clients knew that they needed to find top notch insurance attorneys who were experts in handling life insurance claims, and they found McKennon Law Group PC. This case presented challenging issues because the decedent had not designated a beneficiary, and the insurer claimed that it did not receive our clients’ claim for the benefits until after it had paid the life insurance benefit to the disinherited wife. Timing is especially critical in contested life insurance matters because insurers have a duty to pay claims that they perceive are valid, and state law immunizes them from liability once payment is made. Additionally, claims under life insurance policies are contractual – the life insurance proceeds are paid out directly to the beneficiary and do not go into probate, so the express disinheritance did not bar the long-separated wife from making a claim for the benefits. We argued that our clients were the rightful beneficiaries under the policy because legally separated spouses do not meet the definition of “spouse” under the Probate Code. We also argued that our clients had submitted a claim for the benefits and put the insurer on notice of the legally separated status and express disinheritance long before the insurer made the payment. After the insurer refused to overturn its denial decision, we filed a comprehensive lawsuit seeking payment of the life insurance benefit. Based on our aggressive advocacy, the insurer agreed to pay a substantial settlement. Our clients are happy that they are now able to divide the proceeds the way their late son had intended in his will. (Lemu-Tellez2021)

To Avoid Bad Faith Trial, Long-Term Disability Insurer Reverses Claim Denial Decision and Agrees to Pay Our Client a Large Lump-Sum Settlement
In the third of three cases our client, a dentist, filed against his large disability insurers, we reached a large six-figure settlement to buy-out his disability contract. He could no longer perform his job because of severe neck, back, arm and wrist pain. He filed a long-term disability claim, which was denied. He knew he needed to find top notch insurance bad faith attorneys who were experts in handling disability insurance claims, and he found McKennon Law Group PC. This case presented challenging issues because our client continued to work part-time in the dental field after his disability date and we argued that he was entitled to full disability benefits despite the part-time employment. After the insurer refused to overturn its denial decision, we filed a comprehensive bad faith lawsuit seeking our client’s full disability benefits. Based on our aggressive advocacy and with a trial date approaching, the insurer agreed to reverse its decision and pay a large six-figure buy-out settlement covering all of our client’s past-due and future long-term disability benefits. Our client is ecstatic that he was thus able to reach very beneficial settlements with all three of his disability insurers. (Zeht2021)

Prudential Overturns Decision on an ERISA Appeal Reinstating Long-Term-Disability Benefits, Agrees to Pay Past Disability Benefits and Approves Her Ongoing Claim
McKennon Law Group PC achieved yet another successful appeal that overturned our client’s disability claim denial. Our client suffers from Common Variable Immune Deficiency (“CVID”), a disorder that impairs the immune system. As a result, she is highly susceptible to infection from bacteria and viruses and often develops recurrent infections, particularly in the lungs, sinuses and ears. She has a group long-term-disability policy through her employer where she worked in a licensed dietitian. Prudential Life Insurance company was the third-party administrator that paid her short-term disability benefits, but denied her desperately needed long-term disability benefits. Our client searched for highly experienced disability attorneys and found McKennon Law Group based upon what our client told us were our outstanding reviews and excellent reputation. We prepared a detailed appeal letter setting forth the reasons Prudential’s denial was in error and provided updated medical records and doctor certification letters to Prudential. In response, Prudential overturned its claim denial and paid our client’s total disability benefits from October 2019 to present and approved her claim for ongoing disability benefits well into the future. This was a complete victory for our client. (Hatfld 2021)

Disability Insurer Agrees to Pay Our Client Large Seven-Figure Settlement to Avoid Trial in Insurance Bad Faith Lawsuit
McKennon Law Group PC achieved an extraordinary settlement for one of our disability clients. Our client, a city employee, could no longer perform his job duties due to severe symptoms caused by end stage renal disease, diabetes and hypertension. His condition required him to undergo dialysis four days per week and resulted in various amputations. His disability claim was initially approved and paid by his long-term disability insurer. However, the insurer suddenly reversed course and terminated his disability benefits after having paid benefits for over seven years, causing him and his family extreme emotional and financial distress. He sought out the best insurance bad faith attorneys he could find and hired the McKennon Law Group. We went to work preparing a detailed lawsuit seeking our client’s unpaid disability benefits as well as bad faith damages. Several months after the lawsuit was filed, the insurer reinstated our client’s disability benefits and paid him all past-due benefits owed. Because this did not resolve our client’s bad faith claims against the insurer, we continued to litigate the case. We fought tirelessly for our client to obtain the best settlement possible. Based on our aggressive advocacy and after several mediations, the disability insurer agreed to pay our client a large seven-figure buy-out settlement that covered the full amount of benefits he would have received over the life of his disability insurance policy. An excellent result for our client. (Garc2021)

McKennon Law Group Convinces TriPlus Services to Reinstate Benefits Under Long-Term Care Policy
Our client has a Long-Term Care insurance policy with TriPlus Services, Inc. She is 79 years old and receives benefits under the policy to help pay for the extra care she requires so that she can continue to live a relatively independent lifestyle. However, after it was discovered that her care provider had potentially engaged in fraudulent billing, the insurer ceased providing our client with her coverage under the policy. Our client hired us to convince the insurer to reinstate her benefits. Given our client’s financial situation, she could not afford significant legal fees. We worked with our client and her insurer to resolve the situation. We successfully negotiated a resolution to the conflict and convinced the insurer to resume paying our client all of her benefits under the policy. Our efficiency in resolving the problem helped our client to avoid significant legal fees. (Kaplan2020)

McKennon Law Group Convinces The Standard to Reinstate School Teacher’s Disability Benefits
Our client was a schoolteacher. Unfortunately, she stopped working because suffers from a wide variety of serious health conditions including fibromyalgia, back problems and an Arnold Chiara Malformation, a deformation in the hole at the base of her skull. She struggled with these problems for many years because she loved teaching. However, her conditions worsened, and she eventually could no longer continue to work. She had a long-term disability insurance policy with The Standard that was governed by ERISA. Even though our client’s doctors all agreed that she could not work, Standard denied the claim. Our client hired us to appeal the claim denial. We prepared a thorough appeal letter explaining the various mistakes Standard had made when denying the claim. We also worked extensively with our client and her doctors to properly prepare all of the necessary medical evidence, personal statements and other evidence to support her disability claim. We successfully convinced Standard that it had made a mistake and it reinstated our client’s benefits and Standard will now pay her all future disability benefits owed to her. She now has her benefits and the vindication she sought. (Stevens2021)

In Just 50 Days, McKennon Law Group Prevails Against Guardian in ERISA Long-Term Disability and Life Insurance Waiver of Premium Appeal (After Client Had Unsuccessfully Represented Herself for 1½ Years)
Another big, quick win for McKennon Law Group PC. Our client could no longer perform her own occupation as a bank teller for Plumas Bank because of undiagnosed chronic fatigue, profound weakness, and excruciating abdominal, pelvis, low back and leg pain and numbness. Her group long-term disability and life insurer, Guardian Life Ins. Co. of America, denied her LTD claim, life insurance waiver of premium claim, and her appeal of those denials, partly because her condition had not been objectively diagnosed. After submitting her second appeal again on her own, Guardian contacted her to respond to opinion reports from their medical doctors, two insurance industry “hired gun” physicians that both said she was not disabled, one of whom lied about his phone conversation with the client’s treating nurse practitioner. It was then that the client knew she needed preeminent California ERISA disability and life insurance lawyers. She hired McKennon Law Group PC. We orchestrated a plan with the client and her doctors to marshal strategic medical, vocational and witness evidence that quickly won her second appeal, evidence that she never thought to obtain. Just 50 days after we submitted this evidence, Guardian agreed to pay all the client’s past-due disability benefits, reinstate her future monthly LTD benefits, and return her LTD and life insurance premiums. Yet, our client had unsuccessfully tried on her own to get Guardian to pay her LTD and LWOP claims for 1½ years. (Lindq2021)

Lawyer/Equity Partner Client of McKennon Law Group PC Prevails against MetLife with Massive Benefit Reinstatement in ERISA LTD Insurance Lawsuit
Our client could no longer perform her own occupation as an equity partner in Deloitte LLP’s corporate legal department, a premier financial services firm, because of post-traumatic stress disorder. She is extremely vulnerable to demanding supervisory personalities and stressful work environments because she was repeatedly abused, physically, sexually, and emotionally, by three different powerful authority figures starting when she was just a young child. After her group long-term disability insurer Metropolitan Life Ins. Co. terminated her LTD benefits, our highly accomplished lawyer client set out to find the best ERISA disability claim denial lawyers she could for her high stakes claim. She hired the McKennon Law Group PC. We worked with her psychiatrist and therapist to develop persuasive medical evidence proving that she was still disabled from her PTSD symptoms. We filed a detailed appeal letter based on that evidence that prompted MetLife to conduct an independent medical exam (“IME”), when it had previously relied solely on a flawed “paper review” of her medical records. We prepared our client for the IME and pressured MetLife to rule in her favor based on technical ERISA regulations from the recent 2018 amendments that it had violated. We were successful. MetLife agreed to pay all the client’s past-due disability benefits (approaching $400,000) and reinstate her future $46,000+ monthly LTD benefit, which she will now receive through the policy’s limit. (Nico2021)

After Compelling the Client’s Employer and LTD Insurer to Pay the Client’s STD and LTD Benefits, McKennon Law Group PC Obtains a Bad Faith Settlement Against Them under a Novel Legal Theory – That the Employer Was a STD Benefit Insurer and the TPA Its Joint Venturer
Our client, an emergency planning analyst for a top film company, could no longer work because of a rare sleep disorder, idiopathic hypersomnia (“IH”). After his employer and group LTD insurer denied his claims for STD and LTD benefits, denied the several STD appeals he prepared himself and obstinately refused to pay him benefits for two years, he turned to the McKennon Law Group PC knowing he needed the top disability insurance lawyers he could find on his side. We prepared a detailed STD settlement demand letter (under California law) and LTD appeal letter (under federal ERISA law) that immediately prompted the employer and LTD insurer, also a TPA for the employer’s self-funded STD plan, to pay all the client’s STD and LTD benefits. After recovering the contracts’ benefits, we threatened to move forward with bad faith litigation against the employer and TPA for extra-contractual damages caused by their unreasonable delay in paying the client’s STD benefits, including his emotional distress, attorneys’ fees, consequential damages and punitive damages. We argued a novel legal theory – that the employer was a STD insurer under California law (and the TPA a joint venturer) and, thus, that both were liable for bad faith. We settled the STD bad faith claim without even having to file a lawsuit, and the client will also receive his monthly LTD benefits through retirement age. (Team2021)

Insurer Agrees to Pay Sizeable Settlement to Our Clients After We Filed an ERISA Lawsuit for a Disputed Medically Necessary Health Insurance Claim
In mid-2019, our client’s daughter went through a very difficult mental health emergency, requiring out-of-network service in Los Angeles. This occurred after our client’s layoff, while still under COBRA coverage through his former employer’s benefits plan. After an initial denial from the insurer because her stay at a residential treatment facility was not medically necessary, a denied internal appeal to them and then a further denial on appeal to the California State Insurance Commission, he and his daughter sought the help of experienced and aggressive health insurance attorneys to help resolve the claim denial. They hired McKennon Law Group PC who filed a detailed complaint against the health insurance company. Our firm reviewed the claim file, including extensive and detailed medical records and notes, and performed substantial research including recently decided judicial opinions. After filing a complaint, the insurer immediately sought to settle the claim. We were able to achieve a very favorable settlement for our client that included the full amount of health care costs our client incurred in addition to covering some of his attorney’s fees. Our client is thrilled with this result to finally move past this difficult time in his family’s life. (Doh2021)

McKennon Law Group Quickly Prevails Against Hartford in Second ERISA LTD Appeal (After Client Lost First Appeal Representing Herself)
Our client could no longer perform her own occupation as a warehouse operations manager for Home Depot because of excruciating abdominal, pelvis and leg pain from endometriosis. Yet, her group long-term disability insurer Hartford denied her long-term disability claim and appeal. After submitting her second appeal, Hartford contacted her to respond to opinion reports from their medical doctors, two insurance industry “hired gun” physicians that both said she was not disabled and did not even have endometriosis. It was then that the client knew she needed the best California ERISA disability claim lawyers she could find. She hired the McKennon Law Group PC. We immediately orchestrated a plan with the client and her doctors to marshal strategic evidence that won her second appeal, evidence that she never thought to obtain. Hartford quickly agreed to pay all the client’s past-due disability benefits and reinstate her future monthly LTD benefits without her even having to go through a mediation or trial. It was another highly successful outcome for McKennon Law Group and our client. (Underw2020)

Shortly After McKennon Law Group PC Files ERISA Disability Lawsuit, Disability Insurer Reverses its Claim Denial and Pays Client Large Lump-Sum Settlement Covering Full Amount of His Disability Benefits
Our client, a finance manager, could no longer perform his job because of a debilitating medical condition that led to depression, fatigue, difficulty sleeping and difficulty concentrating. He filed a long-term disability claim with his disability insurer which was approved and paid for one year. After the insurer suddenly reversed course and terminated his disability benefits, he decided to hire the best ERISA long-term disability attorneys he could find and that was the McKennon Law Group PC. Because the insurer refused to reverse its decision during the administrative appeal phase, the firm prepared a detailed lawsuit seeking our client’s unpaid disability benefits under ERISA. We fought tirelessly for our client to obtain the best settlement possible. Based on our aggressive advocacy, the disability insurer reversed its denial decision shortly after the lawsuit was filed and agreed to pay our client a large buy-out settlement that covered the full amount of benefits he would have received over the life of his disability insurance policy. An excellent result for our client. (Busac2020)

McKennon Law Group Negotiates Six-Figure LTD Policy Buy-Out for Mechanic Client Netting Him More Money Than If He Had Not Hired Us
Our client, a car mechanic, suffered severe irreversible damage to his spine from a work accident including several herniated discs and pinched nerves. His debilitating injuries caused him chronic back pain (that radiated to his shoulder, right leg and right foot), and left him permanently disabled from working. His group long-term disability insurer had paid his claim for three years when it approached him to buy-out his LTD policy. He almost accepted their low-ball offer, but instead he wisely decided to hire McKennon Law Group PC to represent him in the “buy-out” negotiations. We quickly gathered key information about the client’s health, mortality, disability and benefits. We valued his policy under various net present value (“NPV”) scenarios. Armed with this critical information and our knowledge of the insurance industry, we aggressively negotiated with the insurer to get every “last dime” that it was prepared to offer. Our client is ecstatic because we negotiated a significantly larger lump sum settlement than his LTD insurer had previously offered. This netted him more money than if he had not hired us, and he will no longer have to worry about his insurer terminating his benefits over the next two decades that were left on his LTD policy. (Mene2020)

After Initially Rescinding Life Insurance Policy, Insurer Agrees to Put Policy Back in Force and Pay Sizeable Settlement
Our client purchased a life insurance product that included a critical illness benefit that allows for the acceleration of the policy’s death benefits. She had a prior history of uterine fibroids that she disclosed to her life insurance agent at the time of application. Following her cancer diagnosis, our client made a claim for the critical illness cancer benefits under the life insurance policy, but the insurer denied the claim and rescinded $300,000 in life insurance coverage. Looking for the best attorneys to handle their life insurance claim denial, they hired McKennon Law Group PC. We sent an aggressive demand letter and negotiated directly with the insurer to compel them to put the policy back in force. The insurer agreed to pay nearly two years of past-due premiums, place the policy back in force, and pay a sizeable settlement for our client to settle the bad faith claims. We were able to reverse the insurer’s improper rescission. This was a complete success for our clients, all achieved without filing a lawsuit. (Hua2020)

ER Physician Client of McKennon Law Group PC Prevails against Lincoln National with Large Benefit Reinstatement in ERISA LTD Insurance Lawsuit
Our client could no longer perform her own occupation as a full-time ER physician because of debilitating fatigue following her liver transplant and because she is permanently immunocompromised from her lifelong “anti-rejection” medications. After her group long-term disability insurer Lincoln National Life Ins. Co. terminated her LTD benefits, our physician client set out to find the best ERISA disability claim denial lawyers she could for her high stakes claim. She hired the McKennon Law Group PC. We immediately collected and developed critical, persuasive medical and vocational evidence proving that she was still disabled. That she could not work in the ER in her normal capacity due to COVID-19, exposure to infectious disease and her fatigue. We filed a detailed appeal letter based on that evidence that prompted Lincoln to conduct an independent medical exam (“IME”), when it had previously relied solely on a flawed “paper review” of her medical records. We prepared our client for the IME and pressured Lincoln to rule in her favor based on technical ERISA regulations that it had violated. We were successful as Lincoln National agreed to pay all the client’s past-due disability benefits and reinstate her future, five-figure monthly LTD benefit, which she will now receive through retirement age. (Wash2020)

After McKennon Law Group PC Filed a Lawsuit, Insurer Agrees to Pay Substantial Six-Figure LTD Buyout to Our Client Who Suffers From a Complicated Cluster Headache Syndrome
Our client has a complicated disabling combination of enterovirus and debilitating cluster headaches which would often strike at night, sapping her of energy and leaving her substantially sleep-deprived. After attempting to work through her conditions for several years, she was burned out and unable to continue. She filed a claim for short-term disability benefits and was covered through her employer as part of an employee welfare benefit plan governed by ERISA. When her claim was denied, she hired McKennon Law Group PC who filed a detailed complaint against the insurer and her employer, which resulted in a settlement for her short-term disability benefits, as well as attorneys’ fees and costs. When her claim transitioned to long-term disability benefits, the insurer initially denied her claim, then reinstated her benefits, but then arbitrarily denied her claim again based upon an independent medical examiner who appeared to misrepresent our client’s statements. McKennon Law Group PC drafted multiple appeal letters to reverse the insurer’s disability claim denial and ultimately filed a complaint against the insurer for disability benefits under ERISA. At mediation, the insurer agreed to a substantial amount of her past-due and future benefits, a substantial six-figure settlement, including a sizeable amount to cover her attorneys’ fees and costs. Our client can now put this chapter behind her and never has to deal with her insurer again. (Rei2020)

Lincoln Agrees to Quickly Reverse its Disability Claim Denial Decision After McKennon Law Group PC’s Client Files Her ERISA Lawsuit; Agrees to Pay All of Her Attorneys’ Fees, Interest and Costs
On July 24, 2020, McKennon Law Group PC’s client, Julie Hodgson, filed an ERISA lawsuit against the administrator of her disability benefits, Lincoln Life Assurance Company of Boston (“Lincoln”). Ms. Hodgson, an Assistant Manager at a major grocery store, could no longer perform her job duties or those of any occupation because she suffers from chronic pain syndrome, connective tissue disease, fibromyalgia, erosive osteoarthritis (knees, cervical neck and back), rheumatoid arthritis, depression and anxiety. Initially Lincoln had approved Ms. Hodgson’s short-term disability benefits, but after a transition and claim for LTD benefits, Lincoln improperly denied her long-term disability benefits, based on Lincoln’s reasoning that Ms. Hodgson no longer met the definition of disability, despite the fact that she was still obviously disabled under both the “own occupation” and “any occupation” standards and despite having no significant evidence that her disabling condition had improved. Ms. Hodgson sued Lincoln to obtain the benefits she was owed.
In less than two months after filing the lawsuit, Lincoln voluntarily reversed its denial of Ms. Hodgson’s claim for LTD benefits. Not only did Ms. Hodgson begin receiving her monthly disability benefits, but Lincoln agree to pay our client a lump sum for past-due benefit owed to her and an additional $72,566 for attorneys’ fees, costs and prejudgment interest. It was an complete victory for our client and McKennon Law Group PC.

Seven Figure Win: McKennon Law Group Compels Prudential to Overturn Its ERISA LTD Claim Denial on Appeal
Our client, a director of business development for Xerox Corporation, suffered severe irreversible trauma to his cervical spine caused by a life-threatening body surfing accident at Salt Creek State Park. A powerful wave crushed his face into the sand hyperextending his spine. After two surgeries, he could not perform his job duties. He filed a long-term disability claim which his group disability insurer Prudential denied based on a “paper review” of his medical records. He hired McKennon Law Group PC because he thought having top-notch disability claim denial attorneys with an aggressive reputation would make all the difference. It did. We worked with his doctors to develop strategic medical evidence that we knew he needed to win. We submitted it and our comprehensive appeal to Prudential that proved our client could not perform his own occupational duties. Prudential overturned its disability claim denial. It agreed to pay all the client’s past-due benefits and reinstate his future long-term disability benefits, which he will now receive through retirement age. We successfully challenged Prudential’s benefit calculations which resulted in our client receiving almost 10% more in total benefits. Our client is ecstatic that he will not have to wait years for a lawsuit and trial to get what is rightfully his, disability benefits that could total seven figures over the life of his LTD policy. (Schu2020)

McKennon Law Group PC Obtains FCE that Compels MetLife to Overturn Its ERISA Long-Term Disability Claim Denial
Another win for McKennon Law Group PC. Our client, a project manager for Cisco Systems, had nine surgeries that left him with debilitating low back pain stemming from permanently damaged spinal nerves. His group disability insurer, MetLife, terminated his long-term disability benefits based on a “paper review” of his medical records. Looking for the best disability insurance lawyers he could find to fight MetLife, he hired McKennon Law Group PC. We worked with his doctors to develop key medical evidence. We coordinated a functional capacity exam (“FCE”) that proved unequivocally that he can sit for no more than four hours total in an eight-hour workday (and thus that he is disabled from performing his own sedentary occupation under Ninth Circuit law). We submitted the FCE test results and other strategic medical evidence to MetLife with a comprehensive appeal. MetLife quickly overturned its disability claim denial. It agreed to pay all the client’s past-due benefits and reinstate his future long-term disability benefits, which he will now receive through retirement age. Our client was discouraged with fighting a huge insurance company and wanted to give up. He is elated that he did not and with his resounding victory. (Pole2020)

McKennon Law Group PC Convinces Long-Term Disability Insurer to Reverse Claim Denial Decision and Pay Our Client Over $112,000 in Attorneys’ Fees and Costs
Our client, a contracts specialist suffering from a rare, debilitating genetic disorder that severely impacted her quality of life and made it impossible for her to perform her job duties, filed a claim for short-term and long-term disability benefits with her group disability insurer. Her claim was approved and paid for three months before the insurer wrongly decided that she no longer qualified for disability benefits. She appealed the decision but the claim denial decision was upheld. She then decided to seek out the best ERISA disability attorneys she could find and hired McKennon Law Group PC. We submitted another appeal letter to the insurer, but the insurer refused to reverse its decision. As a result, we prepared a comprehensive lawsuit seeking our client’s unpaid disability benefits under ERISA. Based on our aggressive advocacy, the insurer reversed its decision shortly after mediation and agreed to pay our client all of her past-due disability benefits, plus interest, and agreed to pay ongoing future disability benefits. The insurer also agreed to pay our client’s attorneys’ fees and costs associated with the lawsuit in an amount of over $112,000. This was a complete and decisive victory for our client. (Rile2020)

Insurer and Third-Party Administrator Pay Our Client’s Disability Claim in Full, Plus Interest and Attorneys’ Fees
Our client made a claim for short-term disability benefits for symptoms that were later revealed to be due to multiple sclerosis (“MS”). She was covered through her employer as part of an employee welfare benefit plan governed by ERISA. Her claim was administered by a third-party administrator who denied her claim, stating that her claim was for an occupational illness or injury and, therefore, was excluded from coverage under the plan. Despite providing medical evidence that her MS was not work-related, the claim administrator refused to consider this additional evidence, and for the first time, informed her that her claim was closed because she had purportedly not filed a written appeal within the appeal deadline. McKennon Law Group PC filed a detailed complaint against the insurer and the third-party administrator for recovery of her plan benefits, as well as attorneys’ fees and costs. After initially fighting our client, the defendants decided to pay her entire claim in full, plus interest, along with paying a substantial amount to cover her attorney’s fees. This was a slam-dunk win for our client. (Rat2020)

Insurer Agrees to Pay Our Client Significant Cash Sum for its Bad Faith and Cease Improper Offsets that Substantially Lowered Her Disability Benefits
A total victory for our client, a disabled schoolteacher. She obtained through her employment, a long-term disability policy. The insurer does not dispute that our client is disabled and is paying her claim. However, our client was also involved in an unrelated legal dispute which was settled and for which she received a cash sum. Unfortunately for her, the insurer insisted that it could deduct the value of her settlement as an offset from her disability benefits. The language of the disability policy does not support the insurer’s actions. After our client looked for and found expert ERISA attorneys at McKennon Law Group PC, we filed an appeal with the insurer. When the insurer denied the appeal, pursuant to the terms of the policy, we prepared to compel arbitration. We sent a letter requesting the claim file. Before we had even finished preparing the documents to compel the arbitration, the insurer hired an attorney who contacted us, and we were able to successfully negotiate a confidential settlement in which the insurer agreed to cease the improper deductions from the disability benefits, repay all offsets it had improperly taken and pay our client a significant cash sum to settle the bad faith claim we intended to file. (Deshul2020)

Reliance-Standard’s Improper Denial of Disability Benefits for Our Instructional Designer Client Overturned on Appeal
Our client was an instructional designer in Florida. She spent long hours working on a computer in a demanding environment where she designed training programs. However, over time, she became totally disabled due to a wide variety of serious health conditions including: headaches, neck pain, mid-back pain, lower back pain, difficulty concentrating, anxiety, memory problems, among other ailments. She had a group long-term disability policy with Reliance-Standard that was subject to ERISA. Unfortunately, when she attempted to rely on the benefits she was entitled to under the policy, Reliance denied her claim. We worked with our client and prepared a detailed appeal citing appropriate ERISA disability law and pointing out why the denial was incorrect. Our arguments convinced Reliance to award our client all of her past-due her benefits and to pay her all future benefits owed. Our client can now attempt to recover in peace knowing that she will receive her rightful long-term disability benefits to which she is entitled. (Eliot2020)

Warner Bros. and Hartford Reverse STD and LTD Claim Denials Immediately After McKennon Law Group PC Becomes Involved, After Stonewalling Our Client for Two Years
Another significant win for one of our clients. Our client, an emergency planning analyst for Warner Bros., could no longer perform his own occupation or any occupation because of a rare sleep disorder, idiopathic hypersomnia (“IH”). His IH caused him debilitating, unrelenting, extreme daytime sleepiness and neurocognitive impairment such that he could not function or perform even basic work tasks. After his employer Warner Bros. and group long-term disability insurer Hartford denied his claims for short-term disability (STD) and long-term disability (LTD) benefits, denied the several STD appeals he prepared himself and obstinately refused to pay him benefits for two years, he turned to the McKennon Law Group PC knowing he needed the top disability lawyers he could find on his side. We prepared a detailed STD settlement demand letter under California bad faith laws and LTD appeal letter under federal ERISA law that immediately prompted Hartford to initiate settlement talks, and then ultimately to reverse its STD and LTD claim denials. Warner Bros. and Hartford will pay all our client’s past-due STD and LTD benefits and reinstate his future disability benefits. The only thing left to resolve is Warner Bros.’s and Hartford’s bad faith. (Team2020)

McKennon Law Group Gets Sedgwick to Reinstate Long Term Disability Benefits on an Appeal to Sales Manager
Our client was a sales manager for a technology company. Unfortunately, she developed a series of severe physical and cognitive problems. These problems included back problems, tumors, cognitive impairment. Through her work, she had a long-term disability policy with Sedgwick that was governed by ERISA. Sedgwick paid her short-term disability. It then terminated her benefits even though her condition had not improved. It reasoned that the applicable standard under the policy had changed and our client could work under this new standard. Our client initially started to pursue her claim on her own but quickly realized that such an attempt would fail and hired our firm. Sedgwick’s denial letter contained a lack of evidence of restrictions and limitations. In denying the claim, Sedgwick completely ignored the reports of our client’s doctors and nurses that noted a loss of physical and cognitive capabilities. We hired the appropriate experts and quickly refuted the results of a biased and inaccurate vocational report and independent medical examination and augmented the record with additional medical records. We convinced the insurer to reinstate our client’s benefits without resorting to litigation. Our client, who was in dire financial circumstances, is now safe and secure in receiving her benefits and can focus on getting the treatment she needs to recover from her disabling conditions. (Vicki 2020)

Insurer Settles Claim and Agrees to Pay Injured Nurse Large Settlement
Our client, an emergency room nurse, hit her head on a surgical table while assisting a surgeon. Even though the injury did not look severe, in fact, she developed a severe case of post-concussion syndrome. Our client developed nausea, vertigo, depression, anxiety and severe migraines. Through her employment, she was covered under a long-term disability plan governed by ERISA. Her insurer agreed that she was disabled under the LTD policy. However, after two years, it terminated her benefits claiming that her benefits were limited by a clause that limited payout of benefits for mental health conditions. The insurer insisted that she was not disabled for physical reasons even though her condition stemmed from a head injury. We sued the insurer. After significant delays due to Covid-19, we successfully pursued an all-day video mediation. We negotiated aggressively and convinced the insurer to pay our client a significant portion of her disability benefits in a highly favorable settlement. (Phill2020)

Chiropractor Prevails with Large Settlement Immediately After Complaint Filed in Bad Faith Disability Insurance Lawsuit
Our chiropractor client could no longer perform her own occupation or any occupation because of debilitating pain caused by complex regional pain syndrome (“CRPS”), nicknamed the “suicide disease.” After her group long-term disability insurer denied her claim for benefits, denied the several appeals she prepared herself and obstinately refused to pay her benefits for years, she turned to the McKennon Law Group PC. We filed a detailed Complaint that immediately prompted her insurer to initiate settlement talks. Its lawyer, the founding partner of a large, well-known law firm, called us shortly after we filed the lawsuit and commented that our Complaint was thorough and excellent and that he knew his client was up against a “formidable opponent” in McKennon Law Group. We settled the case for a significant six-figure sum far exceeding the policy’s full value two months after we filed the Complaint. Our client was ecstatic at the result. (Scot2020)

Hartford Reverses Denial of ERISA Long-Term Disability Claim Denial on Appeal for a Young Woman with Rare Brain Disorder
Our client, a senior project manager for Fannie Mae, became disabled in her 30s because she has a rare brain disorder that required surgery and caused permanent nerve damage in her cervical spine.  Her group disability insurer, Hartford, denied her claim for long-term disability benefits based on a “paper review” of her medical records by a nurse.  Looking for the best disability insurance lawyers she could find to fight Hartford, she hired McKennon Law Group PC.  We worked with her treating neurologist to develop persuasive medical evidence that she is permanently disabled from any and all occupations.  We submitted a comprehensive appeal letter to Hartford with the evidence.  Our appeal was persuasive and Hartford overturned her disability claim denial and agreed to pay all the client’s past-due benefits and reinstate her future disability benefits, without having to file a lawsuit.  She will now receive all her long-term disability benefits well into the future.  Our client is ecstatic at the result.  (Kang2020)

Sedgwick Overturns Decision on an ERISA Appeal Reinstating Long-Term-Disability Benefits, Agrees to Pay Past Disability Benefits and Approves His Ongoing Claim
Our client suffers from significant lower back pain, requiring him to undergo a spinal fusion surgery and a long-term prescription of narcotic pain medication. He has a group long-term-disability policy through his employer where he worked in a supervisor position. Sedgwick was the third-party administrator that paid his long-term disability benefits for almost two years, but suddenly denied his desperately needed benefits. Our client searched for highly experienced disability attorneys and found McKennon Law Group PC based upon our excellent reputation and outstanding reviews. We prepared a detailed appeal letter setting forth the reasons Sedgwick’s denial was in error and provided updated medical records and doctor certification letters to Sedgwick. In response, Sedgwick overturned its claim denial and paid our client’s total disability benefits from February 2018 to present and approved his claim for ongoing disability benefits well into the future. This was a complete victory for our client. (Grave2020)

Insurer Agrees to Pay Significant Settlement to our Client After Initially Rescinding Life Insurance Policies
Our client was diagnosed with early-onset Alzheimer’s disease in 2017 at the young age of 58. A year and a half prior, our client’s wife met with an insurance agent from an insurance company to assess their finances and insurance coverage. Our clients decided to purchase life insurance products that included an accelerated benefit that allows for the acceleration of a policy’s death benefits. At the time of application, our client had undergone some testing that came back normal and non-specific. He did not include these tests on the life insurance application as he thought that there was nothing wrong with him. Following the diagnosis, our clients made a claim for accelerated benefits under the life insurance policy and the insurance company denied the claim and rescinded over $500,000 in life insurance coverage. Looking for leaders in life insurance claims, they hired McKennon Law Group PC. We filed a lawsuit and compiled and organized our client’s extremely complex and complicated medical records, aggressively conducted written discovery, took and defended multiple depositions, synthesized thousands of pages of documents. In a mediation, we were able to recover a high five-figure settlement for our client. Without our firm’s zealous advocacy, the client would have received nothing. (Satt2020)

After McKennon Law Group Files Lawsuit, Aetna Reverses Denial and Quickly Reinstates Claim; Client Awarded Almost $90,000 in Fees, Costs and Interests
After being diagnosed with liver cirrhosis and receiving a liver transplant, our client could no longer perform his job as Vice President of Real Estate and Facilities for a large mortgage company. He filed a long-term disability claim with his disability insurer, Aetna, which was approved and paid for two years. Aetna then decided that his claim would not be payable after two years because it alleged, wrongfully and in bad faith, that our client’s liver condition was caused by alcohol abuse. The policy contained a two-year limit on benefits for disabilities primarily caused by alcohol abuse. After learning of Aetna’s decision, our client decided to seek out the best ERISA long-term disability attorneys he could find and that was the McKennon Law Group PC. Because Aetna refused to reverse its decision during the administrative appeal phase, the firm prepared a detailed lawsuit seeking our client’s unpaid disability benefits. Based on our aggressive advocacy, Aetna reversed its decision shortly after the lawsuit was filed and reinstated our client’s disability claim. We then filed a motion seeking attorneys’ fees, costs and interest, which Aetna vigorously opposed. After finding that the firm’s billing rates were reasonable and that our client was entitled to a fee award, the court awarded our client almost $90,000 in fees, costs and interest. This was a decisive victory for our client. (Durh2020)

Insurer Agrees to Pay Our Client Who Suffered a Heart Attack All Benefits Due Under a Group Disability Policy
Our client had a major heart attack and suffers from permanent heart damage, diabetic neuropathy and shoulder problems. He had a group long-term disability policy through his employment that was governed by ERISA. The insurer approved our client’s claim for disability benefits but after paying benefits for several months, it terminated the disability claim stating that our client could return to work. Our client realized that he needed help and hired our firm, the McKennon Law Group PC. We completed the appeal for him and, when the insurer denied the appeal, we sued the insurer for the past due benefits, attorneys’ fees and interest. We were able to promptly negotiate a settlement whereby the insurer paid all benefits due under the policy and a sizable portion of our client’s attorneys’ fees. (Coop2020)

Employer Pays Computer Security Specialist All Benefits Under His Disability Policy
A computer security specialist developed debilitating back problems that caused difficulty walking, carrying objects and using his dominant hand. He had short term disability benefits under an employer sponsored group disability plan. He filed a disability claim and his is employer paid him benefits for a few weeks before deciding that he could return to work. His condition had not improved, and he could not return to work. The security specialist was referred to our firm and hired us and we assisted him with his ERISA appeal. When the employer denied the appeal, we sued the employer in Arizona for the remaining benefits due under the disability policy. The employer promptly settled the case before filing an answer to our complaint and paid our client 100 % of his short-term disability benefits. This was a complete and total victory for our client. (Zimm2020)

Employer Agrees to Pay Life Insurance Benefits and Attorneys’ Fees After Initially Claiming Our Client Did Not Qualify Because He Was Not Actively Working When the Policy was Issued
Our client’s sister died of cancer. Shortly before receiving her diagnosis, she was hired by an international bank. Through her job, the bank provided her with the opportunity to sign up for various employee benefits, including life insurance. She signed up for a significant amount of life insurance with our client as the beneficiary. The policy was governed by ERISA. For nearly a year, she paid her insurance premiums and received numerous notifications from her employer stating that she had life insurance through her employment. Unfortunately, she lost her battle with cancer. When our client filed his claim, the insurer claimed that his sister had no life insurance benefits through her job because she was not actively working when the policy was issued. After assisting our client with his ERISA appeal, which was denied, we brought an ERISA breach of fiduciary lawsuit against the bank and insurer. We prepared a thorough complaint complete with legal argument explaining that our client was entitled to the life insurance benefits. Before even filing an answer to the complaint, the bank promptly settled the case and paid our client the entire value of the life insurance policy death benefit (in the mid-six figures), 100% of our attorneys’ fees, all costs and interest at 10%. This was an immediate and quick complete victory for our client. (Boni2020)

Employer Agrees to Pay Former Employee Increased Pension Benefits After It Provided Employee with False Information Which Induced His Premature Retirement
Our client, before retiring as a former employee of a multinational corporation, was provided by his employer with various notifications detailing the pension benefits he could expect upon retirement. He relied on the notifications when deciding to retire. After receiving the promised level of pension benefits for several years, the former employer concluded that it had miscalculated his pension and unilaterally decided to greatly reduce his monthly pension benefits. He was referred to us for help as being the top ERISA litigation firm in Orange County. We sued the employer in Connecticut. At a court ordered settlement conference, we successfully resolved the matter for nearly the maximum amount of money our client could have received if he had won at trial. (Arn2020)

McKennon Law Group PC Compels Long-Term Disability Insurer to Pay Large Settlement by Aggressively Pursuing ERISA Disability Lawsuit
Our client, a computer software QA engineer, could no longer perform the duties of his own occupation or any other because of excruciating chronic low back pain following two spine surgeries, right shoulder impingement, degenerative arthritis in both his hands and wrists, and insomnia. His group disability insurer, after conceding he was disabled for the policy’s entire “own occupation” period and 22 months into the “any occupation” period, terminated his long-term disability benefits claiming he could do another occupation that was sedentary, in part because the Social Security Administration found that he could perform sedentary work. He then looked for experienced ERISA attorneys and hired the McKennon Law Group PC to handle his ERISA disability insurance claim denial. For his ERISA appeal, we worked with his treating physicians and the client to develop medical and vocational evidence rebutting the insurer’s position. After the disability insurer denied his appeal, we filed an ERISA lawsuit that alleged in detail why the insurer was wrong and must overturn its disability claim denial and we aggressively pursued this litigation. Faced with our aggressive advocacy of his long-term disability claim, his insurer pleaded for a mediation and then agreed to pay a large six-figure settlement to resolve the case. (Hof2019)

ER Physician Prevails with Large Settlement in Own Occupation Bad Faith Disability Insurance Lawsuit After Insurer Denies Claim and After Several San Francisco Attorneys Decline His Case
Our client, an emergency room physician, could no longer perform his own occupation with reasonable continuity because of hypoglycemic episodes from type 2 diabetes that caused him to think and act slowly in emergency situations. He was unable to take regular breaks in an emergency room setting to check his glucose, eat and adjust his medications as necessary to prevent his low blood sugar episodes. His case presented several challenges. He continued to work in emergency medicine sporadically for several years. Some of his doctors concluded he was not disabled and not following their treatment recommendations. Other attorneys told him that his bad faith claim was barred by the statute of limitations. He first looked for disability insurance attorneys in the San Francisco area where he lived. Several law firms rejected his case and refused to represent him. He was then told that he should contact McKennon Law Group PC. We decided to take his case and filed a bad faith lawsuit in federal court. We reviewed thousands of pages of documents, conducted discovery, aggressively refuted the insurer’s statute of limitations defense which the other attorneys had mistakenly said could not be done, we mediated early and then settled the case with an insurer who Mr. McKennon has known for over 30 years. We settled the case for a significant six-figure sum despite. Our client was ecstatic with the results he achieved with McKennon Law Group PC given the advice he had been previously given. (Sing2019)

To Avoid a Lawsuit, Long-Term Disability Insurer Reverses Denial Decision and Pays Our Client Large Lump-Sum Settlement
Our client, a dentist, could no longer perform his job because of severe neck, back, arm and wrist pain. He filed a long-term disability claim with his disability insurer which was later denied. Our client then decided to search for insurance bad faith attorneys who were experts in handling disability insurance claims, and he found McKennon Law Group PC. We submitted various letters to the insurer advocating for the reversal of the denial decision and arguing that our client was entitled to full disability benefits. This case presented challenging issues because our client continued to work part-time in the dental field after his disability date and we argued that he was entitled to full disability benefits despite the part-time employment. Based on our strong reputation with our client’s insurer and our aggressive advocacy for his disability benefits, the insurer was interested in a pre-litigation mediation to avoid a lawsuit. At the mediation, we convinced the insurer to reverse its decision and pay a large six-figure buy-out settlement covering all of our client’s past-due and future long-term disability benefits. (Zeht2019)

Hartford Agrees to Pay Long-Term Disability Claim for Mental Disability After Successful Appeal of Disability Claim Denial
Our client worked as a technical analyst for a national music group and had a severe back injury from work, and mental anguish, stress and tension-type headaches. She filed a long-term disability claim and, following an initial denial, she wanted to hire disability insurance experts. She hired McKennon Law Group PC after searching online and reading the 5-Star Yelp reviews on our firm. We prepared an appeal of the claim denial, and Hartford overturned its denial and agreed to pay two years of benefits for her mental disabilities, the maximum for this type of disability. (Liw2019)

ERISA Long-Term-Disability Insurer Settles Case Immediately After Lawsuit Filed by Paying Six-Figure Buy-Out Covering Clients’ Past and Future Disability Benefits Plus Her Attorneys’ Fees After Several Attorneys Declined Her Case
Our client worked as a Senior Risk Manager for her employer for several years where she would travel to physician offices to conduct in-depth risk management assessments and educate staff regarding malpractice risk and patient safety. Following a series of surgeries, she developed debilitating intestinal adhesions with obstructions, severe gastroesophageal reflux disease and severe hoarseness. She could no longer perform the duties of her own occupation or that of any other for which she could qualify. After briefly paying her disability benefits, her group long-term disability insurer suddenly reversed course, and denied her claim. Before finding McKennon Law Group PC, several attorneys declined her case stating the case was too difficult. We disagreed with the other attorneys and took the case. We drafted a detailed ERISA lawsuit in federal court seeking all of our client’s unpaid disability benefits. Before the insurer answered the complaint, the insurer agreed to pay a six-figure lump sum buy-out settlement covering all of our client’s past and future long-term disability benefits and her attorneys’ fees, costs and interest. Our client can now put this chapter behind her and use these much-needed funds for her retirement. (Gell2019)

Standard Insurance Co. Overturns Decision on Appeal (with Possible “Bad Faith” Claims in State Court) and Agrees to Reinstate California Teacher’s Disability Claim with Full, Past-Due Benefits and Future Monthly Payments After McKennon Law Group PC’s Zealous Claim Advocacy
Our client, a California Teacher, suffered a debilitating fall down the stairs in her home, sustaining serious back and shoulder injuries that have caused intractable pain. She also received secondary diagnoses which also formed the basis for the claim of permanent, long-term disability. She filed a long-term disability claim with Standard, who paid one year of benefits but then denied her claim because of an alleged lack of medical findings to support it and that she did “not meet the Usual Occupation Definition of Disability beyond April 19, 2018.” Our client searched for the best California disability insurance attorneys she could find and hired McKennon Law Group PC. We presented the detailed medical files and the opinions of three doctors and argued that Standard committed bad faith, including misrepresentations and failure to adequately investigate the claim, which could have exposed Standard to bad faith and punitive damages. In response, Standard overturned its claim denial and paid our client’s past-due and future monthly payments due and owing under the disability policy. This was a complete victory for our client which provides her financial security, enabling her to afford continued medical care and treatment. (Carr-St2019)

Cigna Overturns Decision on an ERISA Appeal That Our Client’s Long-Term-Disability Benefits Are Subject to a Pre-Existing Condition Exclusion, Agrees to Pay Past and Future Disability Benefits After Our Zealous Disability Claim Advocacy
Our client was involved in a severe motorcycle accident in March 2016 where she developed post-concussion syndrome with significant disequilibrium and cognitive-function deficits from a traumatic brain injury. She experienced permanent memory loss and required live-in care for months while she recovered. Prior to her accident, our client was on short-term-disability with Cigna due to her previous history of migraines, fibromyalgia and depression. As she was prepared to return to work, she was involved in the March 2016 motorcycle accident. Cigna denied her claim for long-term-disability benefits because it claimed her disability was caused or contributed to by, or resulted from a pre-existing condition. Our client searched for the best ERISA disability insurance attorneys she could find and hired McKennon Law Group PC. We argued that the motorcycle accident and her subsequent injuries were completely unrelated to her original short-term-disability period. In response, Cigna overturned it claim denial and paid our client’s total disability benefits up to May 2018, the last date that she had treated with a medical professional because she lost her medical insurance and was unable to continue receiving the care she desperately needed. Following an independent medical exam, Cigna approved her claim for disability benefits. This was a complete victory for our client which provides her financial security, enabling her to afford continued medical care and treatment.

Cigna Agrees to Reinstate Accident Victim’s Waiver of Premium Coverage on Life Insurance Policy
Our client had group employee benefits which included long-term-disability and life insurance waiver of premium coverage with Cigna. The waiver of premium coverage provided that our client did not need to pay premiums for her life insurance coverage as long as she was totally disabled. Cigna initially denied her claim for long-term-disability benefits, but after she hired McKennon Law Group PC to handle her ERISA long-term disability appeal, Cigna paid past-due disability benefits. However, Cigna denied our client’s claim for waiver of premium benefits under her life insurance policy. We handled the appeal of the claim denial and promptly convinced Cigna to overturn its decision and reinstate her waiver of premium coverage.

After litigation is Filed, Insurer and Employer Agree to Pay Our Quadriplegic Client All AD&D Benefits Due, Plus Interest and Attorneys’ Fees
Following a tragic boating accident, our client became a quadriplegic. He had elected for the full amount of Accident, Death & Dismemberment insurance coverage from his employer’s benefits package and had received confirmation of his coverage for the guaranteed issue amount. After making a claim for AD&D benefits based on his accident, the insurance company refused to pay his claim, asserting that he never provided proof of his good health to obtain the AD&D benefit, despite paying for his coverage. His claims were governed by ERISA. Our client conducted an exhaustive search to find the best Accident, Death & Dismemberment insurance attorney he could find. He found McKennon Law Group PC. We filed a detailed complaint in federal court against his employer, his employer’s benefits firm, and the insurance company. At mediation, the defendants agreed to pay the entire amount of his AD&D benefits owed, plus interest, statutory penalties and all of our attorneys’ fees incurred. Through our aggressive advocacy, we received the maximum amount recoverable for our client. This was a huge win for our quadriplegic client.

Self-Funded ERISA Group Disability Plan and TPA Pay Large Settlement After Improperly Requiring Objective Evidence of Fibromyalgia and Losing Motion to Dismiss
Our client could no longer perform the duties of her own occupation as a medical credentialing coordinator for a University hospital because she suffers from fibromyalgia and Sjogren’s syndrome. Her employer’s self-funded long-term disability Plan and the Plan’s third-party claim administrator (“TPA”) wrongfully denied her ERISA group disability claim alleging she failed to provide objective evidence for her fibromyalgia. After they denied her many appeals, she hired disability insurance advocates McKennon Law Group PC to file an ERISA employee disability benefits lawsuit to overturn her disability claim denial. The TPA promptly filed a motion to dismiss claiming it was not a proper defendant, since the Plan made the ultimate denial decision and was solely responsible to pay the Plan’s benefits. We soundly defeated the motion, forcing the TPA to mediate. The insurer and TPA ultimately agreed to pay a large settlement covering the client’s past and future disability benefits and covering her attorneys’ fees, despite that the client had years earlier released the employer and Plan from all liability and the more difficult abuse of discretion standard of review applied. We successfully argued that the employer had waived the benefits of the release agreement by its conduct. And, that the defendants abused their discretion by requiring an impossible standard of proof when denying her claim, objective evidence for a medical condition that is inherently subjective in nature, fibromyalgia.

Best Disability Insurance Attorneys in California Force Group ERISA Long-Term Disability Insurer to Capitulate Immediately After Lawsuit Filed By Agreeing to Pay Our Client All Her Past and Future Disability Benefits
Our client could no longer perform the duties of her own occupation as a secretary for a medical company, or that of any other for which she qualifies, because she suffers from debilitating neck, shoulder, arm, wrist and hand pain and numbness. After paying her long-term disability benefits for 24 months, her group long-term disability insurer wrongfully denied her claim for disability benefits based on the plan’s change in definition of disability from “own occupation” to “any occupation.” She decided to search for and hire the best disability insurance attorneys in California. Our firm filed a detailed ERISA lawsuit in federal court seeking our client’s unpaid disability benefits. The insurer promptly capitulated and agreed to pay all our client’s past and future disability benefits. We will soon file a motion to recover our client’s attorneys’ fees and costs since she prevailed in the lawsuit.

Disabled Accident Victim Keeps Her Legal Settlement From United of Omaha’s Attempt to Claim Settlement as an Offset
Our client fell and injured herself. As a result of her injuries, she cannot work. She was covered by a long-term disability plan governed by ERISA and issued by United of Omaha. Our client applied for, and was awarded, disability benefits under her long-term disability plan. She also sued various entities connected to her fall and settled the case for a confidential sum. United of Omaha insisted that all of the proceeds from her settlement could be deducted from the payments of her disability benefits as an offset. She hired the McKennon Law Group PC to protect her disability benefits and to fight the proposed offset. An examination of the plan language revealed that the insurer was not entitled to deduct the settlement proceeds as an offset. We drafted a persuasive and detailed appeal letter explaining why United of Omaha had erred. Without even having to sue United of Omaha, we convinced it that we were correct and our client will now receive both her settlement proceeds without an offset and she will also receive all of her disability benefits.

Disability Insurer Pays NAVY Teacher Full Amount of Long-Term Disability Benefits After Insurer’s Bad Faith Denial of Her Claim
Our client taught special needs children for the United States Navy. Shortly after delivering her third child via cesarean section, she started suffering from crippling postpartum depression. She was covered by a long-term disability policy. Her claim for mental-nervous disability benefits was denied. She turned to the McKennon Law Group PC for help. We filed a complaint seeking damages for the insurer’s bad faith denial of her long-term disability benefits. After we filed a bad faith complaint against the insurer, at a mediation, we convinced the insurer to pay the entire amount of her disability benefits for her mental illness.

Long-Term Disability Insurer Pays Our Warehouse Manager Client a Six Figure Buy-Out Settlement Covering his Past and Future Disability Benefits and His Attorneys’ Fees
Our client could no longer perform the duties of his own occupation as a warehouse manager or those of any other occupation because he suffers from debilitating low back, leg and foot pain caused by herniated discs and radiculopathy, as well as arthritis in both his knees. After paying his long-term disability benefits for two years for the policy’s entire “own occupation” period, his group disability insurer wrongfully denied his ERISA disability claim alleging he could perform another occupation that was sedentary. After searching for the best ERISA disability advocates he could find, he hired McKennon Law Group PC to assist him. We filed an ERISA employee disability benefits lawsuit to overturn his disability claim denial. At a mediation, the insurer agreed to pay a large, six figure lump sum buy-out settlement covering his past and future disability benefits and covering his attorneys’ fees. The client was, in his own words, “amazed,” “ecstatic,” “in disbelief and so grateful” that we were able to resolve his case so successfully. He had struggled financially for years and worried every day and night about the next mortgage payment. Not anymore.

To Avoid Losing Lawsuit, Long-Term-Disability Insurer Agrees to Pay Our ALJ Client All 24 Months of LTD Benefits for Mental Illness, Plus Attorneys’ Fees
Our client, an administrative law judge, could no longer perform his job because of crippling depression and anxiety. He filed a long-term disability claim with his disability insurer. The policy included a 24-month limit for mental illness benefits. The claim was initially denied in its entirety and, after fighting his disability insurer for over two years, he received only five months of disability benefits. Our client then decided to hire the firm named as the best disability insurance attorneys in California, McKennon Law Group PC. We submitted a comprehensive demand letter to the insurer arguing that it committed insurance bad faith when it denied his long-term disability claim and that our client was entitled to the full 24 months of benefits. Based on McKennon Law Group PC’s strong reputation with our client’s insurer and our aggressive advocacy for his disability benefits, the insurer was interested in a pre-litigation mediation to avoid a lawsuit. The insurer then reversed its decision and agreed to pay the policy’s entire 24-month mental illness long-term disability benefits and all of our client’s attorneys’ fees, costs and interest because we were able to show that the insurer acted in bad faith.

After Paying LTD Benefits for Leukemia for 2 Years, Then Ending Them, Long-Term Disability Insurer Agrees to Pay All Past & Future LTD Benefits to Our Client
Our client, a Director of Field Operations and Digital Sales for an automobile manufacturer, was covered under his employer’s long-term disability insurance policy. After being diagnosed with leukemia and suffering serious complications related to his cancer treatments, he could no longer perform his job duties. He filed a long-term disability claim with his disability insurer, Greater Georgia Life, which was approved. After paying him long-term disability benefits for 2 years, his insurer suddenly terminated his benefits because it claimed that his medical condition no longer prevented him from working in his prior occupation. He appealed the decision but the claim denial decision was upheld. He hired the best ERISA disability experts he could find, McKennon Law Group PC. We submitted a second appeal to the insurer after we worked with our client’s treating physicians and our client to develop and gather evidence rebutting the insurer’s position. After receiving our comprehensive appeal letter in which we pointed out the many legal and factual flaws in the insurer’s claim denial decision, Greater Georgia Life overturned its claim denial, paid our client all of his past-due long-term disability benefits and put him back on claim so that he will continue to receive all of his future long-term disability insurance benefits.

Long-Term Disability Insurer Agrees to Pay Our Physician Client Large Six-Figure Settlement to Settle Insurance Bad Faith Claims
Our client, an orthopedic surgeon for over thirty years, could no longer perform his job duties because of severe back pain. His disability was the cumulative result of three accidents that occurred over a number of years. He filed a long-term disability claim with his disability insurer. Under his policy, if his disability was the result of an “Injury,” defined as accidental bodily injury, the policy would pay him disability benefits for life, but if the disability was the result of a “Sickness,” the policy would pay him disability benefits only for 48 months. Thus, the classification of his disability had a major impact on the total benefits that would be paid to him. His insurer denied his long-term disability claim for benefits payable for life, because it classified his disability as resulting from a sickness, thereby limiting his benefits to 48 months. Our client decided to hire the best ERISA disability claim denial firm, McKennon Law Group PC. We submitted a detailed and persuasive demand letter to the insurer arguing that its decision was arbitrary, unreasonable and in bad faith. Since McKennon Law Group PC has a very strong reputation with our client’s insurer, the insurer was interested in a pre-litigation mediation to avoid a lawsuit. Shortly after the mediation the insurer agreed to classify his disability as an accidental bodily injury, and to pay a high six-figure lump sum buy-out settlement covering all of our client’s lifetime long-term disability benefits and in addition to his attorneys’ fees, costs and interest.

After Paying LTD Benefits for 4 Years, Then Stopping Them, Long-Term-Disability Insurer Agrees to Pay Our HR Client a Six-Figure Lump-Sum Buyout, Plus Attorneys’ Fees – Our client, a former human resources specialist, was covered by a long-term disability insurance plan governed by ERISA. She became totally disabled as a result of a rare genetic condition which resulted in her suffering from fecal incontinence, fatigue, dizziness, palpitations and pain. Her insurer agreed to pay her long-term disability benefits. While paying our client, the insurer engaged in a prolonged and focused campaign of surveillance. After paying our client for nearly four years, the insurer terminated our client’s disability benefits. She hired the best disability insurance attorneys in California, McKennon Law Group PC. We sued to reinstate her benefits. Through aggressive and experienced advocacy, we convinced the insurer to buyout our client’s policy as part of a strong six-figure settlement that covered all of her disability benefits and some of her attorneys’ fees.

Long-Term-Disability Insurer Paid Our Engineer Client LTD Benefits for 3 Years,Then Stopped Them, but Agreed to a Six-Figure Lump-Sum Buyout, Plus Attorneys’ Fees
Our client, a maintenance engineer for Marriott, could no longer perform his job or any other job for which he was qualified because of severe chronic back and neck pain and debilitating migraines following a car accident. He filed a long-term disability claim with his disability insurer. After paying him long-term disability benefits for over 3 years, his insurer terminated his benefits because it claimed he could work in a sedentary occupation. He appealed the decision but it was upheld. After the appeal denial, he hired McKennon Law Group PC. We filed an extensive, 33-page federal ERISA lawsuit against the insurer arguing that its decision was arbitrary, unreasonable and contrary to the medical evidence. Several months later and shortly following a mediation, the insurer reversed its decision and agreed to pay a six-figure lump sum buy-out settlement covering all of our client’s past and future long-term disability benefits and his attorneys’ fees, costs and interest.

Prudential Reverses Its Decision Due on Our ERISA Appeal, Agrees to Pay Our Widow Client All of Her Life & AD&D Insurance Benefits
After her husband died, our client filed a claim for insurance benefits as a beneficiary of her husband’s employer-sponsored life and accidental death and dismemberment policies with Prudential Insurance Company. Her claims were governed by ERISA. Despite implicitly acknowledging that her husband’s death had been an accident, Prudential still denied her claim because Prudential had concluded that the death “resulted indirectly from a sickness (alcohol abuse),” a cause which was excluded under the policies She hired the McKennon Law Group PC. Through our aggressive advocacy, we convinced Prudential that its decision directly conflicted with Ninth Circuit precedent. Prudential overturned the denial and agreed to pay our client her six-figure benefits under the life and AD&D policies without ever having to file a lawsuit.

Long-Term-Disability Insurer and Employer Settle Our Client’s Claim Before a Summary-Judgment Hearing Occurs, Agree to Pay All Medical Bills and Almost All Attorneys’ Fees
Our client was diagnosed with stage IV breast cancer in 2008 and received group medical insurance through her employer as part of an employee welfare benefit plan governed by ERISA. Following her diagnosis, our client underwent chemotherapy and other cancer treatments, rendering her incapable of performing her job. She thus began receiving monthly long-term disability benefits as well as continued medical coverage, and later began receiving Social Security Disability Insurance benefits. In 2014, her employer terminated her employment and ongoing benefits, and offered her COBRA continuation medical coverage, as required by law. However, after years of continued payments and representations that she was covered under her medical insurance plan and that she would receive identical coverage as an active employee, her insurer suddenly reversed course, arbitrarily reprocessing and denying hundreds of our client’s medical claims eighteen months into her COBRA coverage, and claimed that our client failed to enroll in Medicare Part B, despite never being told this was required of her. As a result, our client suddenly became liable for over $550,000 in unpaid medical bills that were initially covered, spanning years of cancer treatments. McKennon Law Group PC filed a complaint against the insurer and her employer alleging breach of fiduciary duty and equitable relief, including a surcharge remedy. We compiled and organized her extremely complex and complicated bill notices and records, aggressively conducted written discovery, synthesized thousands of pages of documents and filed a very detailed motion for summary judgment. On the eve of the hearing on the motion for summary judgment, we mediated and then settled the case, with the medical insurer and her employer/plan administrator agreeing to assume liability for all of our client’s medical bills, along with paying virtually all our client’s attorney’s fees, well in excess of $200,000. This was a grand slam home run for our client.

Long-Term-Disability Insurer Threatens a Benefits-Destroying Offset Against Our Client, but Changes Its Mind After Persuasive Appeal Letter
Our client’s ERISA long-term disability insurer threatened to offset his policy disability benefits by a seven-figure loss of earnings award he received from the United States Federal Claims Court under the National Childhood Vaccine Injury Act. The offset could have zeroed out his monthly benefit. The insurer contended it had the right under the policy’s “Deductible Sources of Income” provisions, arguing that the portion of a settlement, judgment or award from a third-party that is for past or future earnings is typically a deductible source of income. McKennon Law Group PC performed exhaustive nationwide research. Although there is no case precedent, we drafted a persuasive appeal letter to the disability insurer in which we cited to other ERISA offset cases and analogized them to the policy’s offset provisions. We convinced the insurer not to apply an offset without having to even file a lawsuit. Our client is ecstatic at the result. He will now receive both his Vaccine court award and ongoing monthly disability income from his group long-term ERISA disability insurer.

Long-Term Disability Insurer Pays Large Six-Figure Buyout Settlement for Our Cancer-Stricken Psychiatrist Client
Our client, a psychiatrist, could no longer perform her job on a regular basis because of cancer-related fatigue and pain. Her case presented several challenges. She was in remission and she worked part-time but did not articulate that clearly to her long-term disability insurer, who evaluated her case under the total disability rather than partial/residual disability standard. Her policy had an Illinois choice-of-law provision which is very unfavorable to policyholders in terms of the available remedies as compared to remedies under California law, the latter of which allows for bad faith damages of all types and for punitive damages. McKennon Law Group PC met those challenges head-on. We filed a breach of insurance contract and vexatious and unreasonable conduct lawsuit under Illinois law, we aggressively conducted written discovery, we reviewed thousands of pages of documents, we took several depositions, we worked with her doctors and accountant to obtain favorable testimony on her behalf, we hired a bad faith insurance expert, we opposed the insurer’s summary judgment motion, and we mediated and then settled the case for a significant sum, well above the amount she could have obtained at trial given that Illinois law applied.

Cigna Denies Our Client’s Long-Term-Disability Claim, Contending Lack of Medical-Record Support, but Reverses Its Decision Due to Our Strong ERISA Appeal Letter
Our client worked with General Atomics Company, Inc. as a buyer of miscellaneous equipment. Unfortunately, she developed reactive airway disease, an inhalation injury due to an unknown substance, shortness of breath, headaches, dizziness and chest pain. She also started suffering from exhaustion and the side effects of her medication. She filed a claim for long-term disability benefits with her insurer, Cigna. Cigna denied her claim, asserting that our client’s medical records did not support her disability. Desiring to retain the very best ERISA disability attorneys she could find, she hired McKennon Law Group PC. We diligently investigated the claim and claim file and prepared a detailed appeal of Cigna’s denial discussing many of the errors it made in handling the claim. The insurer overturned the denial and agreed to pay all of our client’s past-due long-term disability benefits and future long-term disability benefits without ever having to file a lawsuit.

Unum First Rejects Our Client’s Long-Term-Disability Claim for Hearing Loss and Vertigo, Then Agrees to Pay Past and Future Disability Benefits Because of Our Aggressive Advocacy
Our client, a medical call center representative, had a group long-term disability insurance policy with Unum. She became disabled from Meniere’s disease, a disorder of the inner ear that causes fluctuating but progressively worsening and ultimately permanent, severe hearing loss, vertigo and other symptoms. Unum terminated her long-term disability benefits, arguing that her symptoms had improved such that she could hear customers on the phone. Looking for the most experienced ERISA disability insurance lawyers she could find to fight Unum, she hired McKennon Law Group PC, even though she lives in Minnesota. We synthesized her extremely complex medical records, including audiograms from her otologist that she did not even understand, to prove unequivocally to Unum that she could not hear well at the pitch that speech is commonly delivered. Based on our high-level work, Unum overturned her claim denial on appeal and agreed to pay all the client’s past-due benefits and reinstate her future disability benefits, without the client having to file a lawsuit.

Prudential Changes Its Mind After Our Compelling Appeal, Agrees to Pay Past and Future LTD Benefits to Our Client Suffering Debilitating Back Pain
Our client, the Assistant Manager of a Microsoft Store, could no longer perform his job or any other for which he was qualified because of debilitating lumbar back pain following surgery. He filed a long-term disability claim with his insurer, Prudential. Prudential denied his claim after the “own occupation” period claiming he could perform another occupation that was sedentary. Looking for the best ERISA disability insurance lawyers he could find, he hired McKennon Law Group PC. We successfully prepared a detailed appeal which the insurer granted. The insurer overturned its denial decision and agreed to pay all the client’s past-due benefits and future long-term disability benefits without ever having to file a lawsuit.

Our Psychiatrist Client, Unable to Work Due to Back Pain and Medication, Receives Large Settlement After Litigation is Filed
Our client, a psychiatrist, could no longer perform his job because of a herniated disc in his low back causing severe sciatic pain and the need to take opioid narcotic pain medication that interfered with his ability to concentrate. He filed a bad faith lawsuit against his long-term disability insurer when it denied his claim, through a different lawyer. Unhappy with that lawyer’s services, he was recommended to hire the McKennon Law Group PC, after hearing that we were the best bad faith disability insurance lawyers in the business. We litigated his case extensively and at mediation, settled the case for a substantial, six-figure amount, more than he could have ever obtained at trial given an Illinois choice-of-law provision in the policy. The lawyer from whom the case was moved commented that he was surprised we were able to settle the case for such a high amount given the facts and the law applicable. He understood that it was our firm’s extraordinary reputation for quality work, our aggressive approach and willingness to take the case to trial that resulted in this excellent result.

Anthem Reverses Its Denial of Long-Term Disability Claim Because of Our ERISA Appeal Arguments, Reinstating Disability Benefits to Our Client Suffering From Work-Stress-Caused Strokes
Our client, a Vice President of Human Resources for a publicly traded company, became disabled when she could no longer perform her job duties because she has a rare neurologic disorder which produces frequent, recurrent strokes, triggered by work stress and fatigue. Her group disability insurer, Anthem, terminated her long-term disability benefits after paying them for a year, asserting the medical evidence documented that her strokes had resolved. Looking for the best ERISA disability insurance lawyers she could find to fight Anthem, she hired McKennon Law Group PC. We took that same medical evidence and proved that it actually corroborated her disability, not undermined it. We presented complex, serial MRI images chronologically documenting frequent strokes while working and virtually none after, the inference being that work stress caused her strokes and, therefore, argued that she is permanently disabled from working in her high-stress occupation. Based on our exemplary work, the insurer overturned her claim denial on appeal and agreed to pay all the client’s past-due benefits and reinstate her future disability benefits, without the client having to file a lawsuit. She will now receive all of her long-term disability benefits well into the future. Our client is ecstatic at the result.

After We Filed Suit and Presented Convincing Arguments and Evidence, Aetna Agrees to Reinstate Long-Term Disability Benefits to Our Client Suffering From Multiple Maladies
Our client, a former senior vice president at a major retailer, was covered by a long-term disability insurance plan with Aetna which is governed by ERISA. She became disabled as a result of her numerous medical conditions which include chronic pain syndromes, neurological deficits, spinal problems, deterioration of high-level cognitive functioning and gastrointestinal issues. After paying our client long-term disability benefits for nearly two and a half years, Aetna terminated our client’s benefits. The McKennon Law Group PC sued Aetna to make it reinstate our client’s benefits. Through persuasive argument and the weight of the evidence we had collected, we convinced Aetna to reinstate our client’s disability benefits, paying all past-due and future benefits owed to her and also paying interest and paying her attorney’s fees. This was a complete victory for our client.

Guardian Life Pays Our Client Past & Future Long-Term-Disability Benefits After We Appeal Her ERISA Claim Denial
Our client suffers from crippling rheumatoid arthritis which prevents her from working. Through her former job, she acquired long-term disability insurance under ERISA. Initially, her insurer Guardian Life agreed to pay her long-term disability benefits. However, even though her condition had not improved, her insurer terminated her disability benefits. She knew she had to find and hire aggressive ERISA disability attorneys so she hired McKennon Law Group PC. We filed an ERISA appeal of her denial, which included updated medical records and a detailed appeal letter. Based on the medical records and our appeal letter, Guardian Life promptly reinstated our client’s benefits, paying all past-due long-term disability benefits and future benefits owed to her.

66-Year-Old Executive, Debilitated by a Stroke, Recovers Past & Future Long-Term-Disability Benefits
Our client, a 66-year-old executive at a company that manufactures and installs elevators, was forced to stop working due to a debilitating stroke which damaged his sense of balance, vision, memory and ability to concentrate. His neurologist determined that he was permanently disabled. Our client had a long-term disability insurance policy through his employer. The insurer initially paid our client disability benefits, but then decided that he was not disabled even though his condition had not improved. He wanted to find experienced ERISA disability lawyers so he hired McKennon Law Group PC. We assisted him with his ERISA appeal and with pursuing the reinstatement of his benefits. We worked with our client to compile the evidence necessary to persuade the insurer that our client was disabled and entitled to benefits. We then drafted a persuasive and detailed appeal letter explaining to the insurer all of the mistakes it had made in terminating the disability benefits. Based on our persuasive arguments and compiled evidence, his insurer reversed its denial of his long-term disability claim and agreed to pay all of his benefits due, including all past-due disability benefits and future disability benefits.

Lincoln National Life Reverses Its Decision After Our Appeal, Pays Long-Term Disability Claim in Full to Our Administrator Client Disabled by COPD
Our client, a business administrator for an aerospace and electronics company, could no longer work due to the debilitating symptoms caused by her COPD, including severe shortness of breath, chest pain, anxiety, and exhaustion. Unable to return to work, she filed a claim for long-term disability benefits under her group disability policy issued by Lincoln National Life Insurance Company. The long-term disability claim was governed by ERISA. Lincoln denied our client’s ERISA benefits claim, asserting that the symptoms from her COPD did not prevent her from working in a sedentary occupation. She desired to hire the best ERISA insurance lawyers in California and found McKennon Law Group PC. We took over communication with Lincoln and appealed the disability benefits claim denial. We pointed out in a detailed letter how and why Lincoln improperly denied her disability insurance claim. Shortly after receiving our appeal letter, Lincoln overturned it claims denial and paid the full amount of her claim and continues to pay her disability claim.

Disability Insurer Chooses Mediation Over a Lawsuit, Agrees to Pay Past & Future Benefits, Bad-Faith Damages & Attorneys’ Fees to Our Tax Compliance Officer Client
Our client, a tax compliance officer for the City of Los Angeles, could no longer perform her job or any other for which she was qualified because of debilitating back pain. Her insurer granted her disability benefits for nearly two years then subsequently denied her claim after conducting surveillance. Because our client worked for a governmental entity, her disability insurance claim denial was governed by California law, not ERISA. She wanted to find the best bad faith insurance attorneys in Southern California to aggressively pursue her benefits. She thus hired McKennon Law Group PC. We have a very strong reputation with all disability insurers in California, especially with our client’s insurer. The insurer was interested in a pre-litigation mediation to avoid a lawsuit. At the mediation, we convinced the insurer to pay a six-figure buy-out settlement covering our client’s past and future disability benefits, bad faith damages and attorney’s fees.

Long-Term-Disability Insurer Agrees to Pay Full Benefits & Attorneys’ Fees to Our VP Client Disabled by Severe Effects of Leukemia Treatments
Our client, a former Vice President of Sales and Design, after being diagnosed with leukemia, underwent whole-brain radiation and four phases of chemotherapy that left her with severe nerve damage, constant weakness, fatigue, nausea and joint pain. After paying long-term disability benefits to her for over 15 years, her long-term group disability insurer suddenly terminated her benefits. After the disability insurer denied her appeal to overturn the claim denial, she wanted to hire very experienced ERISA disability attorneys. McKennon Law Group PC filed an ERISA lawsuit against her disability insurer for past-due LTD benefits, future benefits, interest and attorneysʼ fees. Upon service of the lawsuit, the disability insurer immediately capitulated and agreed to settle the lawsuit before even filing a response to our complaint. The disability insurer paid our client all past-due long-term disability benefits she was owed with interest, placed her back on claim so that she will continue to receive future disability benefits, and paid 100% of our attorneysʼ fees and costs in order to avoid a motion for attorneysʼ fees, costs and interest.

After Denial of His Long-Term Disability Claim, Our Asst. VP Client, Disabled by Severe Back Pain, Receives Six-Figure Settlement
Our client, the Assistant Vice President of Corporate Accounts for a global company, could no longer perform his job or any other for which he was qualified because of debilitating lumbar back pain following two spine surgeries. His group disability insurer denied his long-term disability benefits after the “own occupation” period claiming he could do another occupation that was sedentary. After other colleagues (who had successful results in their own ERISA disability cases with McKennon Law Group PC) highly recommended McKennon Law Group PC to handle his ERISA disability insurance claim denial, he hired us. For his appeal, we worked with his treating physicians and the client to develop medical and vocational evidence rebutting the insurer’s position. After the disability insurer denied his appeal, we filed an ERISA employee benefits lawsuit to overturn his disability claim denial. Armed with the evidence we had carefully created in the record, at a mediation the insurer agreed to pay a large, six-figure lump sum buy-out settlement covering his past and future disability benefits and his attorneysʼ fees.

Life Insurer Alleges Deceased Insured Hid His Medical History, Refuses to Pay Death Benefits, Then Agrees to Large Settlement After We Threaten a Lawsuit
After her son tragically died in a motorcycle accident, our client filed a claim for life insurance benefits. Because her son purchased his life insurance policy less than two years before his death, the insurer conducted a contestability evaluation. After reviewing the son’s medical records, the insurer refused to pay the claim and instead attempted to rescind the life insurance policy, alleging that the son concealed his relevant medical history on the life insurance application. The Client wanted to hire the best life insurance attorneys he could find, McKennon Law Group PC. We were able to prove that the attempted rescission of the life insurance policy was incorrect. We established that the son disclosed his entire medical history to the insurer’s representative, and we were able to prove that the insurer’s representative was the agent of the insurer and the life insurer was responsible and it could not rescind the policy. Less than two months after we sent a letter to the insurer threatening a lawsuit, the company agreed to pay a large six-figure settlement to the family.

Metropolitan Life Changes Its Mind on the Eve of Trial of Our Lawsuit, Agrees to Pay Full LTD Benefits to Our Financial Advisor Client Suffering From Psychological Disability; Client Awarded Almost $300,000 in Attorneys’ Fees, Costs and Interest in Addition to His Long-Term Disability Benefits
Our client could no longer perform the duties of his own occupation as a financial advisor because he suffers from severe depression, daily panic attacks and an inability to concentrate following his divorce and losing custody of his two young boys. After paying his long-term disability benefits for nineteen months, his group disability insurer, Metropolitan Life Insurance Company, wrongfully denied his disability claim. The firm filed a detailed ERISA lawsuit in federal court against MetLife seeking our client’s unpaid disability benefits. More than a year later, MetLife capitulated on the eve of trial and reversed its claim decision, agreeing to pay all our client’s disability benefits. We then filed a motion to recover our client’s attorneysʼ fees, costs and interest since our client prevailed in the lawsuit. MetLife aggressively opposed our motion. The Court in the Southern District of California rejected all of MetLife’s arguments and awarded 100% of our client’s attorneys’ fees without deducting one penny from our requested attorneys’ fees.

Long-Term-Disability Insurer Agrees to Six-Figure Settlement for Our Dentist Client Suffering From Severe Wrist Pain
After undergoing surgery to relieve painful wrist symptoms caused by tenosynovitis and carpal tunnel syndrome, our client, a dentist, was unable to continue working in her dental practice. Despite being unable to perform dental procedures, our client would regularly visit her dental practice to complete paperwork and monitor employees. The client’s insurer approved her claim for long-term disability benefits, but subsequently denied her claim six months later after conducting surveillance. By the time our client found the McKennon Law Group PC, she had already returned to work a few days per week performing limited dental procedures. Our client preferred not to litigate the case so we worked with the insurer on a pre-litigation settlement. We convinced the insurer to pay a solid six-figure sum to settle her claims under her long-term disability insurance policy.

Our Client Loses All Vision in One Eye, Is Initially Denied LTD Benefits, Then Liberty Mutual Reverses Denial Due to Our Appeal
Our client was a Procurement Specialist with a large engineering firm when he suffered a complete loss of vision in his left eye. With only one good eye, reading and staring at a computer screen caused our client to suffer from eye strains, headaches, problem with depth perception and fatigue, rendering him unable to work. Our client filed a long-term disability claim with his long-term disability insurer, Liberty Mutual. Liberty Mutual denied his claim. He then hired the McKennon Law Group PC. We convinced his doctor to write a letter supporting his disability claim, which we submitted along with a detailed appeal letter explaining why Liberty Mutual violated ERISA and why it should reverse its claim decision. After receiving our compelling ERISA appeal letter, Liberty Mutual overturned its claim denial and our client was paid his past-due benefits, and will receive full long-term disability insurance benefits under his disability policy well into the future.

CIGNA/LINA Agrees to Pay Long-Term Disability Benefits to Our Client with a Severe Spinal Injury After Ending Her Benefits for Psychological Problems Caused by Cancer Treatment
Our client, an engineer, suffered from a number of psychological problems after undergoing treatment for breast cancer. After paying long-term disability benefits for over a year, CIGNA Group Insurance/Life Insurance Company of North America (“LINA”) denied her ERISA long-term disability claim asserting that her psychiatric symptoms were not severe enough to prevent her from working. Because this was a mental-nervous medical condition, the benefits would have been paid for only two years. The same month LINA terminated payment of disability benefits, our client was involved in an automobile accident that severely injured her spine. McKennon Law Group PC handled her ERISA appeal and convinced LINA to approve her claim for long-term disability benefits based on her spinal injury, allowing her to receive disability benefits for well beyond the two-year period. LINA fully reinstated the claim, paid all past-due benefits to our client and will likely pay her long-term disability benefits until the end of the maximum benefit period under her ERISA disability plan.

Our Optometrist’s Assistant Client with Rheumatoid Arthritis Prevails Against Guardian Life After it Initially Denied Her Long-Term Disability Claim Due to Pre-Existing Conditions
Our client, an Optometrist’s Assistant, was forced to stop working due to rheumatoid arthritis and constant infections, and filed a claim for long-term disability benefits. While there was no reasonable dispute regarding her inability to continue working, Guardian Life Insurance Company of America denied her claim under the ERISA Plan’s pre-existing condition provision. In an ERISA appeal letter, the McKennon Law Group PC explained to Guardian that it misapplied the terms of the Plan and improperly ignored other factors which demonstrated that the pre-existing condition provision was not a proper basis on which to deny her long-term disability claim. When confronted with the evidence, Guardian reversed its claim denial decision, fully reinstated the claim and paid all past-due benefits. Given the nature of her condition, our client will likely receive long-term disability benefits until the end of the maximum benefit period under her ERISA disability plan, which is a huge victory for our client.

Long-Term Disability Insurer Agrees to Pay All Benefits to Our Client Who Suffered a Concussion From a Grave Fall Down Stairs, After We Showed Its Disability Claim Denial Was in Bad Faith
Our client fell down a flight of stairs and landed on the pavement, headfirst, suffering a severe concussion. Over time, it became clear that the effects of her fall (migraine headaches, light and noise sensitivity, and related nausea) would be permanent. Yet, despite accepting premiums for our client’s individual disability insurance policy for many years, the insurer denied her claim for disability benefits. By the time she found the McKennon Law Group PC, our client had already completed two appeals directly to the insurer, with no success. We quickly worked with the client to gather additional support and then drafted and sent a detailed demand letter directly to our contact in the legal department of the insurer. We detailed at length how the insurer breached its contract with our client and how it engaged in bad faith conduct, subjecting it to insurance bad faith liability under California law, including punitive and emotional-distress damages, plus attorneys’ fees. The insurer acknowledged our highly respected reputation and to avoid litigation, agreed to pay 100% of our client’s benefits, with interest, as well as additional damages for its insurance bad faith conduct, including emotional distress damages and attorneys’ fees, a six-figure total.

Couple Whose Daughter Died in an Auto Accident Receives Life/Accidental Death Benefits After Lawsuit Against the Insurer
Our clients came to the McKennon Law Group PC when, tragically, their daughter, age 21, died in a car accident. They filed claims for life and accidental death benefits as beneficiaries of their daughter’s employer-sponsored life insurance ERISA plan. The insurer denied the life and accidental death insurance claims despite making several representations that our clients’ deceased daughter would be covered. The insurer alleged that their daughter had not met the plan’s eligibility requirements. We immediately assessed that our clients could win the case and, within 30 days after we filed a lawsuit for recovery of ERISA plan benefits and breach of fiduciary duty, the plan administrator and the insurer agreed to pay 100% of our clients’ benefits, with interest and 100% of her attorney’s fees (an amount in the six figures). Our clients were finally able to put this entire tragic matter behind them.

Life Insurance Company Agrees to Pay Benefits to Our Client Whose Spouse Died, After We Filed Suit Based on Unique Legal Theories
After her spouse died, our client filed a claim for life insurance benefits as a beneficiary of her employer-sponsored life insurance plan. Despite accepting premiums for years, the insurer denied coverage, alleging that our client failed to provide proof of insurability. By the time our client found the McKennon Law Group PC, she had already completed the internal appeals process, with no success. Facing a tight deadline, we quickly developed a winning strategy. We filed a lawsuit under ERISA using unique legal theories most ERISA attorneys do not even know about and within a month of filing the recovery of ERISA benefits complaint, the insurer and employer agreed to overturn the denial of her life insurance claim and pay 100% of our client’s benefits, with interest and all of her attorneys’ fees. This allowed our client to keep 100% of her benefits. After years of fighting with her ERISA plan administrators, our client finally received all of the life insurance benefits she deserved.

Children Receive Life/Accidental Death Benefits Plus Bad Faith Damages and Attorneys’ Fees After the Insurer Refuses Coverage for Mother’s Death in a Shower
Two young adults were crushed by the premature death of their beloved mother and best friend. Their grief was compounded when their mother’s life and accidental death insurer wrongfully accused her of committing suicide and, based on the life insurance and accidental death insurance policy exclusions, denied their claim. The insurer deceptively told them that the federal law of ERISA applied to their claim to attempt to lead them to believe that the insurer faced no exposure for bad faith liability under California law. The McKennon Law Group PC was hired and after a thorough workup proved to the insurer that the death was an accident, not a suicide, and proved that ERISA did not apply as the insurer asserted it did. The life insurer agreed to pay the full claim but then delayed paying it. We filed a bad faith lawsuit against the insurer. A mediation resulted in the insurer paying a mid-to-high six-figure settlement just to settle the bad faith claim, in addition to paying all our clients’ life and accidental death insurance benefits owed under the policies, which covered all their attorneys’ fees and their emotional distress. Many of these damages would not have been recoverable by our clients under ERISA, where life, health and disability claimant remedies are more limited.

On an ERISA Appeal, CIGNA/LINA Reverses Its Denial of Long-Term Disability Benefits to Our Computer-Programmer Client Suffering From Disabling Back Conditions
Our client, a computer programmer, stopped working due to a combination of disabling back conditions, including degenerative disc disease, scoliosis and spinal stenosis. Despite our client undergoing back surgery, CIGNA Group Insurance/Life Insurance Company of North America (“LINA”) denied the ERISA long-term disability claim based on a finding by an in-house nurse that the medical records did not support his claim. The McKennon Law Group PC agreed to help the insured with his ERISA appeal, and worked with his primary treating physician on a letter directly challenging the conclusions reached by LINA’s in-house nurse and further certifying his disability. In our detailed appeal letter, we pointed out the many legal and factual flaws in LINA’s decision and LINA quickly reversed its claim denial decision, fully reinstated the claim and paid all past-due benefits to our client. Given that his condition is degenerative in nature, our client will likely continue to be entitled to receive his long-term disability benefits until the end of the maximum benefit period under his ERISA disability plan.

Anthem Blue Cross Refuses Payment for Life-Saving Drug for Our Client Suffering From Leukemia, Then Reverses its Decision on Appeal
Our client was diagnosed with Acute Myeloid Leukemia, and due to the nature of his leukemia, he was able to benefit significantly from a new drug recently approved by the FDA. Despite the life-saving effects of the new drug, his health insurer, Anthem Blue Cross, refused to cover the approximately $24,000 per bottle cost of the medication under his medical insurance policy. Shortly after making initial contact with our client’s health insurer and advising them of McKennon Law Group PC’s representation to challenge the medical insurance claim denial, Anthem changed their decision and decided to cover the full cost of the new medication, which will likely save his life.

Long-Term-Disability Insurer Agrees to Pay Our Disabled Cardiologist Client Long-Term Disability Benefits After Receiving Our Demand Letter, Even Complimenting Us on Our Work
Our client, an invasive cardiologist, became disabled early in his career. Once he could no longer practice, he applied for long-term disability benefits through an ERISA-governed policy. The insurer approved the claim, but incorrectly determined the date of disability and pre-disability income, which resulted in hundreds of thousands of dollars in missing benefits. By the time our client found the McKennon Law Group PC, he had seen several attorneys and completed the internal appeals process, with no success. After being told we were some of the best insurance attorneys in the business, he travelled across the country to meet with us. We did not disappoint. Against a tight deadline, complicated policy and extensive record, the firm developed a strategy for success. We worked directly with the insurer, providing a detailed demand letter and additional support. After the insurer’s review, it commented on our quality work product, respected reputation and agreed to pay (100%) of our client’s missing benefits, with interest and attorney’s fees (an amount in the mid-six figures), to settle the matter and to avoid litigation.

Family Receives Life Insurance Benefits for Father’s Death After We Torpedo the Insurance Company’s Invalid Lapse of Coverage
After her father passed away and her father’s life insurer denied the family’s claim for life insurance benefits, our clients hired us. Although the insurer initially appeared to process the claim, requesting information and documents from the grieving family, it later denied the claim for failure to pay premiums. The denial shocked our clients because their father had paid premiums for many years and they were unaware of any failure to pay. Further, in the last few months of his life, their father was very ill and in and out of the hospital. At first, McKennon Law Group PC attempted to work directly with the life insurer, informing them that they had failed to provide the proper notice of pending lapse as required under California law. The insurer did not agree with our position despite a recent case to the contrary. We then filed suit for breach of contract and insurance bad faith, and the insurer fought the claim. After full briefing on a motion to dismiss, the defendants withdrew their motion and settled, paying 100% of our clients’ death benefits so that our clients were fully paid.

Our Client Who Disclosed His Leukemia Upfront Receives Cancer Policy and Short-Term-Disability Policy Benefits After the Insurer Initially Refused Pay for Treatments Due to Pre-Existing Condition
After being diagnosed with leukemia, our client purchased a cancer policy and a short-term disability policy from an insurer through the insurer’s agent. Prior to purchasing the policies, our client informed the agent of his leukemia diagnosis and was told by the agent that his diagnosis would not prevent him from collecting benefits under the policies. However, the insurer immediately denied our client’s benefit claims after his leukemia treatment began. The insurer claimed that the cancer policy was invalid and benefits were not payable under the short-term disability policy because our client’s leukemia diagnosis was a pre-existing condition. McKennon Law Group PC argued that the insurer was liable for the representations of its agent and it must pay benefits under both policies and threatened to sue the insurer for insurance bad faith. To avoid the lawsuit, the insurer immediately settled our client’s claim for 100% of the benefits owed under both policies, in addition to paying a significant amount for extra-contractual damages for the insurer’s bad faith conduct.

Long-Term-Disability Insurer Agrees to Pay Full Policy Benefits Plus Emotional Distress Damages and Attorneys’ Fees to Our Police Department Client Suffering From Multiple Sclerosis
Our client, a police department employee, became disabled from multiple sclerosis, a debilitating neurological disorder. She filed a long-term disability claim, which was denied despite strong evidence of her disability. It soon became apparent through discovery that the insurer conducted a very cursory review, and failed to obtain the basic medical records and information needed to review the claim. After the Firm filed a complaint in the District Court for breach of contract and insurance bad faith, the parties conducted a mediation, at which the insurer agreed to pay a very large, six-figure settlement that allowed our client to receive 100% of her long-term disability benefits due to her, in addition to substantial emotional distress damages and all of her attorney’s fees and costs.

Our Client Receives All His Disability Benefits and Much More in Bad-Faith Damages After We Prove His Case Was Not Governed by ERISA
Our client contacted our firm when a third-party administrator denied his claim for disability insurance benefits under his employer’s group disability plan. Our client first appealed the denial on his own, but the administrator affirmed its original denial. Initially, the administrator a treated the case as an ERISA case, in the hope of limiting its damages. When McKennon Law Group PC was hired, everything changed. We requested the claim file and shortly thereafter, we determined that ERISA did not govern the plan because it fell under one of the Department of Labor’s regulatory exemptions. This was a significant development. After we filed suit for insurance bad faith, the defendant fought the bad faith claim. Once it was clear that our client would win a motion to dismiss the bad faith claim, the defendants settled, paying 100% of the client’s disability benefits and paying significant additional compensation as bad faith damages in several multiples of the amount of the disability claim.

CIGNA Reinstates Full Long-Term-Disability Benefits to Our Corporate Engineer Client on Second Appeal After We Show Its Denial Was Incorrect
Our client, a corporate engineer, contacted the McKennon Law Group PC after CIGNA twice denied his claim for long-term disability benefits under his ERISA plan. After initially agreeing that he was unable to continue working due to an autoimmune disease that caused severe pain, fatigue and an inability to concentrate, CIGNA suddenly declared that his medical records no longer supported his disability claim. Our client first appealed the denial on his own, but CIGNA stood by its decision. However, after he hired the McKennon Law Group PC, we augmented the Administrative Record and prepared a detailed second appeal letter identifying all of the ways in which CIGNAʼs claim decision was legally and factually incorrect. CIGNA quickly reversed its decision and reinstated the claim in full, allowing our client to receive his past-due benefits, as well as his benefits each month in the future.

After Our Appeal, Prudential Agrees to Reverse Its Denial and Pay Full Past and Future Long-Term-Disability Benefits to Our Client Suffering From Multiple Serious Aliments
Our client, who suffers from chronic lung infections, severe fatigue and skin infections, was receiving long-term disability benefits under an ERISA plan issued by Prudential. After receiving benefits for twelve years, while in the hospital battling yet another infection, Prudential suddenly denied his disability claim. The McKennon Law Group PC worked with the client and his doctors to gather evidence for an appeal, and eventually submitted a detailed appeal letter that identified why the claim decision should be overturned. Prudential reversed its denial decision, and quickly paid all of the past due benefits, and is continuing to make monthly disability payments to our client worth many hundreds of thousands of dollars. We expect that our client will never again need to worry that Prudential will deny his claim for long-term disability benefits.

Long-Term-Disability Insurer Agrees to Pay Our Client a Large Settlement After Our Expert Picks Apart Their Basis for Denial
After receiving long-term disability benefits for over ten years, our client’s claim for disability benefits was denied. Realizing that she needed help with the complicated ERISA appeal process, she hired the McKennon Law Group PC for help her fight for her disability benefits. The McKennon Law Group PC hired an expert to criticize the medical opinion the insurer relied on to deny the claim. Eventually, we convinced the insurer to pay our client a large settlement so she would not have to deal with the insurer ever again.

Our Marketing Strategist Client Suffering From a Severe Neurological Disability Receives a Large Settlement After We Present Undeniable Evidence of Her Long-Term Disability
A severe reaction to prescription antibiotics left our client with a permanent neurological disability, tragically, just a 35-year-old marketing strategist from Washington State. With her entire life ahead of her, she can no longer perform her material job duties. Because of debilitating tremors, tics and severe speech disruption, she could not effectively pitch marketing ideas. Despite that, her group long-term disability insurer denied her claim for long-term disability benefits. She hired the McKennon Law Group PC who collected and presented substantial evidence of her disability. After the insurer obstinately denied her appeal, we filed an ERISA lawsuit in the state of Washington and submitted the same indisputable evidence of disability, including a video proving she could barely speak. Without a mediation or trial, the insurer promptly reversed course and agreed to pay a settlement exceeding one-half million dollars, which included all her past due disability benefits, all future benefits for the policy’s entire remaining 30-year period, substantial attorneys’ fees and interest.

Life Insurance Company Agrees to Refund All Our Client’s Policy Premium Payments and Pay Her Additional Compensation After Its Agent Duped Her With False Promises
Our client attended a seminar on saving for retirement using life insurance, and purchased a universal life insurance policy based on the promise that it would provide a high level of tax-free retirement benefits. Our client eventually realized that the insurance agent was not honest with her, and that the policy could never perform as promised. After she hired McKennon Law Group PC, we engaged an expert who prepared a report detailing the numerous ways in which the agent violated of her duties and responsibilities as an insurance agent. Armed with this report and without even filing litigation, the McKennon Law Group PC convinced the insurer and the agent’s principal agency to fully refund all of the premiums our client paid for the policy and pay an additional amount to compensate her for her other damages.

MetLife Abandons Its Intoxication Exclusion Defense and Pays Our Widow Client Full Accidental-Death Benefits
Our client, a widow, contacted the McKennon Law Group PC following the death of her husband in a bicycle accident. The client had purchased Accidental Death coverage for her spouse. The insurer, MetLife, initially balked at paying the claim because the Policy contained an exclusion that if the decedent was intoxicated at the time of the accident, and the insurer asked for a copy of medical records which showed that the decedent had been legally intoxicated at the time of the accident that led to his death. Our Firm took over communicating with MetLife, and given our firm’s strong reputation for aggressive advocacy, MetLife decided not to rely on the intoxication exclusion and quickly approved the claim. MetLife paid our client the full amount of the accidental death benefits, with interest.

Long-Term-Disability Insurer Agrees to Pay Our Client, a Business Relationship Manager, a Six-Figure Settlement to Cover Her Mental-Disability Benefits and Attorneys’ Fees
Our client, a business relationship manager for Chase Bank, could no longer perform her job because of crippling depression, anxiety and panic attacks. Her group long-term disability insurer denied her ERISA claim for long-term disability benefits when she desperately needed the money to pay her bills. She then searched for the best ERISA disability insurance law firm she could find and hired the McKennon Law Group PC. For her appeal, we worked with her treating physicians to develop evidence rebutting the insurer’s position. After the disability insurer denied her appeal, we filed an ERISA lawsuit. Armed with the evidence we had carefully created in the administrative record and which we needed to prevail, at a mediation the insurer agreed to pay a large, six-figure settlement, which included the policy’s entire 24-month limit for mental disability benefits plus much more, as well as substantial attorneys’ fees and interest.

Long-Term-Disability Insurer Agrees to Pay a Big Six-Figure Lump-Sum Buyout to Our Attorney Client
The McKennon Law Group PC was initially hired by a young trial attorney when her insurer denied her ERISA claim for long-term disability benefits. Eventually, and with the help of a neurophysiologist we hired to review the so-called “independent” report prepared by an insurer’s doctor, we were able to convince the insurer to reverse its denial decision. While the client was happy her claim was reinstated, under the terms of the LTD Plan, she was required to constantly demonstrate that she remained disabled. Further, she understood that the insurer, at any time, could hire private investigators to videotape her activities, force her to submit to another “independent” medical examination or even simply decide to again deny her disability insurance claim. Accordingly, she asked us to see if the insurer would agree to a lump sum buyout of her ERISA claim. We were able to convince the insurer to pay a large six-figure lump sum payment to “buy-out” her long-term disability insurance claim.

Unum Changes Its Mind, Agrees to Pay Full Disability Benefits to Our Veterinarian Client Suffering From Drug Addition Who Lost His Job, License and Freedom
A veterinarian could no longer perform the job he loved, found himself incarcerated, was terminated by his employer and lost his professional license, all because of his tragic addiction to methamphetamines. His group short-term and long-term disability insurer, Unum, turned its back on him, denying his claims for disability benefits in his time of need. The McKennon Law Group PC promptly stepped in and submitted an ERISA appeal on the veterinarian’s behalf. We overcame many difficult legal challenges like proving his disability commenced before his coverage ended, yet not too early such that it was subject to the policy’s pre-existing condition exclusion. We also proved the client’s substance abuse disability caused him to lose his license (not the reverse) and, therefore, was not subject to the policy’s exclusion for disabilities caused by the loss of a professional license. Unum reversed its claim denial and paid 100% of the client’s disability benefits without him having to file a lawsuit.

Our Client, Made Critically Ill and Disabled by a Bad Fall, Receives Full Accelerated Death Benefits From Her Insurer After Our In-Depth Appeal
Our client, a physician, applied for accelerated death benefits under a critical and chronic illness rider to her life insurance policy issued by American General Life Insurance Company, after she suddenly became critically ill from a bad fall. She hired McKennon Law Group PC because her insurer denied her claim for accelerated death benefits under her life insurance policy when she needed it the most, as she was no longer able to work because of her severely deteriorated health. We gathered and evaluated the relevant evidence and determined that the insurer improperly denied the claim. Shortly thereafter, we prepared a thorough appeal letter and enclosed additional documents (including a letter from her doctor) that the insurer should have sought upon its investigation of the claim. Ultimately, as a result of our appeal, the insurer reversed its denial and paid the accelerated benefits in full. We then pursued a bad faith insurance case against the insurer for its wrongful initial denial of her life insurance claim in which our client sought unpaid interest, emotional distress damages, attorney’s fees and punitive damages. Our client reached a very favorable confidential settlement of her bad faith claim against the insurer.

Children Receive Full Payments for Deceased Mother’s Long-Term-Care Bills From the Insurer, Later Receive Further Compensation Because of Its Bad Faith
Our clients hired McKennon Law Group PC because their elderly mother’s group long-term care insurer strung them along for fifteen months without paying the claim. The insurer refused to pay their claim for the in-home health care and nursing home bills their mother incurred leading up to her death. She suffered from dementia, was bedridden and could not perform basic activities of daily living on her own, yet the insurer kept delaying paying her obviously covered long-term care claim. Two weeks after the Firm was hired and 13 days after it demanded payment, the insurer paid all past-due long-term care benefits owed under the policy. The Firm then sent a detailed settlement demand letter explaining how the insurer acted in bad faith. The insurer decided to reach a confidential settlement by paying our clients additional compensation well exceeding the policy’s benefits, without them having to file a lawsuit.

Long-Term-Disability Insurer Pays Benefits to Our Vice President Client for 6 Years Before Stopping Them, Then Agrees to a Six-Figure Settlement to Avoid Losing Our Lawsuit
Our client, a vice president of a multi-state company, experienced major depression and severe pain that was not relieved with multiple treatments, including a spinal fusion. He filed a long-term disability claim that was paid for over 6 years. The disability insurer suddenly terminated payment of his long-term disability benefits after it determined he could work in his occupation, despite no improvement in his condition. After our client appealed the insurer’s decision, the insurer upheld the termination of disability benefits based upon the opinion of its consulting physician, who determined he was capable of working full-time. Looking for the most experienced ERISA attorneys in California, our client hired McKennon Law Group PC. We filed a lawsuit under ERISA to recover the disability insurance benefits he deserved. Faced with a daunting litigation, the insurer agreed to attend early mediation prior to being served with the complaint. At the mediation, we secured a highly favorable substantial six-figure confidential settlement to resolve all of his claims against the disability insurer.

Our Adult Children Clients Receive Full Life and Accidental Death Benefits for Mother’s Tragic Demise After the Insurer Falsely Claimed It Was Suicide
Our clients, a brother and sister both in their early 20’s, were devastated by the tragic and unexpected death of their 53-year-old mother, found lifeless in the shower strangled by the showerhead hose. They filed an accidental death claim under their mother’s accidental death policy. Their claim was denied after the insurer hired an expert who found their mother’s death was a suicide. The basis of the insurer’s claim denial under a suicide exclusion. They searched for the most experienced accidental death attorneys they could find and hired McKennon Law Group PC. One adult child was finishing up college and the other was in law school, and with no remaining parent earning an income, they desperately needed the money and they earnestly desired to clear their mother’s name. We evaluated all of the information and concluded that the insurer had improperly denied the claim because the mother’s death was an accident, not a suicide. We hired a biomechanical expert who reconstructed the accident and we then wrote a detailed appeal letter to the accidental death insurer proving unequivocally the death was an accident, not a suicide. The insurer agreed with our expert and our legal assertions and reversed its claim decision and paid 100% of the life and accidental death benefits owed. Later, our clients filed a lawsuit against the insurer for insurance bad faith. The insurer resolved the claims with a confidential settlement in which our clients received a large lump-sum payment to resolve their claims.

Our Aerospace Engineer Client Suffering From a Severe Spine Ailment and Back Pain Receives Full Short-Term-Disability Benefits and Attorneys’ Fees Due To McKennon Law Group PC’s Lawsuit
After 30 years as an aerospace engineer, our client could no longer work due to extreme back pain. His doctors diagnosed him with degenerative disc disease and prescribed powerful pain relievers. Unable to return to work, he filed a claim for short-term disability benefits. The claim was initially approved, but the insurer cut off his benefits with its claim denial. He appealed, to no avail. The McKennon Law Group PC filed an ERISA lawsuit seeking the disability benefits he was owed. Two months later, the disability insurer agreed to pay our client all of his short-term disability benefits owed, in addition to paying his reasonable attorneys’ fees and costs. Because the McKennon Law Group PC convinced the insurer to pay attorneys’ fees and costs, our client was able to keep 100% of his disability insurance benefits.

Life Insurance Company Reverses Its Denial, Agrees to Pay Our Young Client’s Claim After His Father’s Death, Plus Payments for Bad Faith and Emotional Distress
A young man hired the McKennon Law Group PC when a life insurance company refused to pay the benefits due after his father’s death because his father allegedly made misrepresentations on his insurance application and therefore the insurer asserted it could rescind the life policy. He had no parents left and desperately needed the life insurance proceeds. His father’s very good friend assisted the young man to search for and hire the best life insurance attorneys in California and he found and hired McKennon Law Group PC. We first convinced the insurer to pay the life insurance claim of $250,000 without resorting to litigation by pointing out flaws in the insurer’s analysis and threatening litigation. The insurer capitulated and, following the receipt of the life insurance benefits, the Firm sent a detailed letter to the insurer explaining how its failure to promptly pay the claim and failure to adequately explain why it denied the claim constituted insurance bad faith. Faced with certain devastating litigation, the insurer asked to go to a mediation, eventually paying our client more in potential bad faith and emotional distress damages than the value of the original life insurance policy. Our client was able to collect substantially more than the face value of the original life insurance policy, even after accounting for the firm’s fees and costs.

Long-Term-Disability Insurer Reinstates Benefits to Our Business Analyst Client Suffering From Neck Pain and a Disc Ailment After We Showed in Our Appeal That the Denial Was Defective
Our client, a business analyst with a large automotive financial company, became disabled when extreme neck pain, disc displacement and radiculopathy prevented her from sitting and working at a computer for more than a couple of hours a day. Initially, her long-term disability insurer approved her claim for long-term disability benefits under an ERISA plan. However, less than a year later, the insurer denied her claim, arguing that surveillance of her sitting in a coffee shop and going to a Cross-fit gym proved that she was not disabled. She hired the McKennon Law Group PC, and we prepared a detailed appeal letter seeking to overturn the denial of her disability benefits. The appeal letter outlined the legal and factual problems with the insurer’s denial decision. After receiving the letter, the insurer reversed its denial decision, reinstated her claim for long-term disability benefits and is continuing to pay her each month.

Medical Billing Rep Receives Full Long-Term-Disability Benefits, Plus Attorneys’ Fees, After We Filed an ERISA Complaint Against the Insurer
Our client, a 62-year-old medical billing representative, was forced to stop working due to debilitating back, neck and shoulder pain. Even invasive back surgery did not relieve the pain. Initially, her long-term disability insurer paid her claim for long-term disability insurance benefits, but after only four months, the insurer determined that she could return to work, despite the fact that all of her treating physicians firmly stated that she was unable to continue working. She then hired the McKennon Law Group PC. We filed an ERISA Complaint on her behalf and shortly after the filing of the Complaint, we reached a highly favorable confidential settlement with her disability insurer, allowing her to receive 100% of the past-due and future disability benefits that she was entitled to recover. The disability insurer also paid her attorney’s fees incurred to pursue her case.

Disability Insurer Agrees to Pay Full Past and Future Benefits, Plus Attorneys’ Fees, to Our Service Engineer Client Who Suffered From Back Ailments and Depression Due to a Fall and His Inability To Work
A service engineer who fell while at work resulting in herniation of a lumbar disc was forced to stop working due to his debilitating pain, muscle weakness, fatigue and resulting depression. After initially approving his claim for short-term and long-term disability benefits, his disability insurer later terminated his claim for benefits once the definition of “disability” in his policy changed from requiring he be incapable of performing his “own occupation” to require he be incapable of performing “any occupation.” After our client appealed the insurer’s decision, the insurer upheld the termination of disability benefits based upon the opinion of its consulting physician, who determined he was capable of working full-time in a sedentary position. McKennon Law Group PC filed a lawsuit under ERISA in order to recover the disability benefits he deserved. At mediation, we convinced the insurer to pay the full net present value of all past-due benefits owing, future disability benefits, and some of his attorney’s fees without having to go to trial.

Financial Advisor, Disabled by Severe Back Pain, Receives Full Past and Future Disability Benefits Despite an Adverse Ruling by a Social Security Judge, Due to Our Vigorous Effort
Our client, a financial advisor at a leading investment banking firm, could no longer perform the duties of his own occupation because he has debilitating low back pain. After paying his long-term disability benefits for four years, the disability insurer, Met Life, terminated them relying on a vague opinion from his treating physician that he could “return to work with accommodation” and an administrative law judge’s decision that he was not disabled under Social Security rules. McKennon Law Group PC, as our client’s disability benefits attorneys, filed an ERISA lawsuit seeking his disability benefits after the client unsuccessfully appealed. Upon evaluating the disability insurer’s claim file, the firm decided it needed additional evidence in the record to use at trial to win the case. We filed two motions to augment the trial record, which the disability insurer vigorously opposed. The firm prevailed on both motions and highly favorable comments by the judge forced the insurer to immediately resolve the case by paying our client all past-due and future benefits it owed to him. We then filed a motion for attorneys’ fees, interest and costs seeking almost $300,000. MetLife vigorously opposed the motion but the court rejected all of its arguments and ordered that MetLife pay 100% of our attorneys’ fees, in addition to our client’s interest and costs.

Long-Term-Disability Insurer Agrees to Pay Our CPA Client Past-Due Benefits and Future Benefits, Plus Attorneys’ Fees and Emotional Distress for Bad-Faith Refusal to Pay Claim
Our client, a CPA, could no longer perform the duties of her occupation because she has Ehlers-Danlos Syndrome (“EDS”), a rare hypermobility connective tissue disorder. Her long-term disability insurer abruptly terminated her long-term disability benefits, after paying them for twenty-two months, based on surveillance of her. After the client filed an appeal to no avail, she retained McKennon Law Group PC to file a bad faith lawsuit to secure payment of the long-term disability benefits she was owed. We submitted an opinion letter from her physical therapist, an expert in EDS from Stanford University which led the insurer to reverse its claim decision without litigation. The disability insurer paid our client all back benefits plus interest and reinstated her future monthly benefits. We then threatened to move forward with bad faith litigation to recover damages caused by the insurer’s unreasonable delay in paying the client’s benefits, including the client’s emotional distress, attorneys’ fees, and punitive damages. It recovered almost a half-million dollars for the client just for the insurer’s bad faith delay, and the client retained the right to continue receiving her monthly disability benefits for life.

Our Personal Banker Client Suffering From Back Pain and Spasms Receives All Past-Due and Future Benefits Plus Attorneys’ Fees From the Disability Insurer After We Filed ERISA Disability Lawsuit
The McKennon Law Group PC was contacted by a personal banker after his claim for long-term disability benefits was denied by his group disability insurer. Following an on-the-job accident, the banker experienced severe back pain and back spasms that prevented him from returning to work. When the disability insurer would not overturn its denial decision following an appeal, we filed an ERISA lawsuit seeking past-due long-term disability benefits and attorneys’ fees. Shortly after the complaint was filed, the insurer initiated settlement discussions that resulted in an agreement to pay the banker all of the past-due and future benefits payable under the policy, as well as his attorneys’ fees and costs. It was a total and complete victory for our client.

Long-Term-Disability Insurer Reverses Its Decision, Agrees to Reinstate Benefits to Our Procurement-Officer Client Suffering From Multiple Disabling Conditions
A high-level procurement officer with a large aerospace company found himself unable to continue working due to a variety of conditions, including depression and anxiety. He filed a long-term disability claim but after initially agreeing that he was disabled, the insurance company reversed course without any evidence of improvement, denying not only his claim for long-term disability benefits, but also his claim for waiver of premium benefits under his life insurance policy. He search for the best ERISA disability advocates he could find and hired the McKennon Law Group PC. We prepared an appeal letter detailing all of the reasons the disability insurer’s decision was incorrect. After receiving the letter, the insurer reversed its denial decision and reinstated both his long-term disability benefits and his waiver of premium benefits for his life insurance policy, and is continuing to pay his disability benefits into the future.

Trial Attorney Plagued With Osteoarthritis Who Lost a Big Case to Lead Attorney Robert McKennon, Then Hires Mr. McKennon to Successfully Secure His Long-Term-Disability Benefits
Our client, an accomplished trial attorney, was forced to end his trial career due to persistent pain caused by osteoarthritis and other medical issues with his knees. However, he was able to work on non-trial matters at his law firm. Despite his medical issues, his disability insurance company denied his claim for disability benefits asserting he could still perform most of the duties of his occupation. When looking for an attorney to handle his disability claim for bad faith against his disability insurer, he chose McKennon Law Group PC since he was impressed with Robert McKennon after he and Mr. McKennon previously litigated a three-week arbitration in which he lost to Mr. McKennon and in which Mr. McKennon’s client won an award of over $4 million. Highly impressed with Mr. McKennon’s trial skills and success in that case, he wanted Mr. McKennon and his firm on his side fighting for him. We prepared a detailed letter outlining why our client was entitled to his long-term disability benefits and we were able to negotiate a high six-figure settlement, an extremely positive result. See the client’s testimonial here.

Long-Term-Disability Insurer Agrees to Pay Our Engineer Client a Six-Figure Settlement After We File Suit to Secure Benefits for Him
An engineer with a very demanding and technical job was forced to stop working due to anxiety and depression. He was denied long-term disability benefits by his disability insurance provider, after the insurer relied upon the opinion of a nurse consultant who reviewed his medical files and determined that our client did not have any restrictions that prevented him from performing his job duties. Our client appealed the insurer’s decision but the insurer upheld the claim denial after the insurer relied upon an opinion of a consulting psychologist who reviewed the medical records and determined that our client’s symptoms were not severe. He then hired McKennon Law Group PC. We filed suit under ERISA against his disability insurer and we secured a substantial six-figure settlement at mediation that paid him his full benefits owed under his disability policy plus additional funds to compensate him.

Our Financial Expert Client, Suffering From Fatigue and Cognitive Impairment Due to MS, Receives All His Past and Future Long-Term-Disability Benefits on Appeal
After being diagnosed with multiple sclerosis, our client, a financial expert witness with a very large income, was no longer able to work in his extremely demanding and detail oriented job due to his fatigue and cognitive impairment. He had two long-term disability policies and one short-term disability policy with two separate insurers, and both denied his claims for long-term disability benefits. The insurers both found that his medical records did not support his disability claim. McKennon Law Group PC hired a well-qualified neuropsychologist to rebut the findings of the insurer’s neuropsychologist and prepared three letters appealing the insurers’ denials of our client’s disability claims, describing how the medical records supported the claim for disability benefits and pointing out that the insurers relied upon the deficient opinions of peer review physicians and vocational analysts. After we submitted our appeal letters, the insurers reversed their decisions, immediately paying all past-due disability insurance benefits and placing our client back on claim and paying all future disability benefits.

Long-Term-Disability Insurer Agrees to Pay a Six-Figure Settlement to Our Political Fundraiser Client Suffering From Neurological Ailments to Avoid Defending Against a Bad-Faith Lawsuit
A long-time political fundraiser began experiencing severe chronic back pain, muscle spasms, nerve pain and fatigue in the late 1980s. Eventually, he was forced to stop working because the pain and related symptoms made it impossible for him to travel and concentrate for long periods of time. The inability to travel was a big problem, as his job required extensive travel by car and airplane. He filed a disability claim with his insurer and after unsuccessfully fighting his insurer over his claim for long-term disability benefits for several years, he hired McKennon Law Group PC to negotiate a policy buy-out on his behalf or to sue the insurer. When the insurer failed to settle his claim during informal settlement discussions, we filed a bad faith complaint. Shortly thereafter and before it answered the complaint, the insurer agreed to pay a substantial six-figure settlement so it would not have to litigate the bad faith denial of the disability claim.

Our Sedentary Worker Client Receives Full Short-Term Disability and Long-Term Disability Benefits From His Insurers; One of Them Also Pays His Attorneys’ Fees
Debilitating back pain prevented our client from continuing to work in his sedentary job because his pain became unbearable after sitting for short periods of time. When his short-term disability and long-term disability claims were denied by two different insurance companies, he hired the McKennon Law Group PC to file his ERISA appeals. When both insurance companies upheld their denial decisions, we filed two different lawsuits in Federal Court in San Diego so that he could recover the disability benefits he deserved. In both cases, the insurers quickly settled the lawsuits, allowing the client to receive his disability benefits and one of the insurers agreed to pay our client all of the money he was due, as well as his attorneys’ fees and costs.

Life Insurance Company and Employer Refuse to Pay All Benefits to Our Widow Client When Her Husband Dies, Arguing Husband Never Submitted Statement of Good Health, Then Fully Pay Up When We File Suit
Our client, a widow mourning the death of her late husband, submitted a claim for life insurance benefits under an ERISA-governed policy he had purchased through his employer. Though he had dutifully paid premiums for years for $450,000 in coverage and was sent a personalized certificate of coverage for that amount, the life insurer refused to pay anything besides the “guarantee issue” benefit of $200,000. The insurer argued it had no duty to pay the higher benefit amount because her husband failed to submit evidence he was in good health when he enrolled for the life insurance policy. Neither the life insurer nor his employer bothered to alert him to the fact that the policy had any such requirement. Seeking the best ERISA lawyer he could find to file suit against the life insurer, he hired McKennon Law Group PC. We promptly filed ERISA litigation on the widow’s behalf and sued the employer and the insurer for breach of fiduciary duty. The insurer and the employer immediately backed down and we settled the lawsuit for the full policy benefits and all outstanding interest and all of the firm’s attorneys’ fees.

Long-Term-Disability Insurer Reverses Denial of Long-Term Disability Claim and Agrees to Pay Benefits to Our Physician Client Suffering From Rheumatoid Arthritis and Lupus, Then Nixes Its Improper Offsets
Our client, a physician who was unable to continue to work due to depression, exhaustion and fatigue related to rheumatoid arthritis and lupus, filed a claim for long-term disability insurance benefits that was initially approved, but then later denied. She hired McKennon Law Group PC to help her with an appeal. McKennon Law Group PC quickly convinced the insurer to overturn the claim denial and pay our client all past-due and future long-term disability benefits owing to her. However, after reversing its decision, the insurer underpaid the physician by asserting improper offsets. Again, McKennon Law Group PC intervened and convinced the insurer that its position was incorrect.

Long-Term-Disability Insurer Reverses Its Decision to Reject Our Attorney Client’s Claim, Agrees to Pay Past and Future Benefits to Her, After Our Expert Rebuts Its Expert’s Report
Our client, a young trial attorney, suffered from a variety of conditions, including lupus, Raynaud’s phenomenon and fibromyalgia. These conditions made it impossible for her to perform her duties as a trial attorney. After initially approving her ERISA long-term disability insurance claim, the ERISA claims administrator/insurer ordered our client to attend a day-long examination conducted by their paid neurophysiologist. The neurophysiologist prepared a report, which the insurer relied upon to deny her ERISA claim. This attorney hired McKennon Law Group PC. We then hired a neurophysiologist to rebut this report. That neurophysiologist prepared a thorough response and we appealed the denial. Based on this appeal, the insurer reversed its claim decision, and approved the attorney’s long-term disability insurance claim agreeing to pay all past-due benefits owing and to pay future disability benefits.

Life Insurer Reverses Claim of Our Teenage Boy Client Who Then Receives Full Proceeds From His Father’s Life Insurance Policy After His Father’s Death
Our clients, a teenage boy and his guardian, approached McKennon Law Group PC for assistance with a life insurance claim that the insurer refused to pay. The boy’s father purchased a life insurance policy, but died within the two-year contestability period. After the boy filed a claim for the life insurance proceeds, the life insurer denied the claim, but would not tell him the reasons for claim denial. The insurer refused to have substantive discussions regarding its claim denial for over a year before McKennon Law Group PC got involved. Within one month, we were able to not only get the insurer to explain its denial decision (an attempt to rescind the policy for alleged material misrepresentations), but we also were able to get the claim denial decision overturned by pointing out the reasons the claim denial were not justified. Our clients were thus able to receive 100% of the life insurance death benefit they were owed in addition to bad faith damages.

Insurance Company “Blinks” and Agrees to Pay Our IT Worker Client Past and Future Short-Term and Long-Term Disability Benefits, Plus Attorneys’ Fees and Costs
The McKennon Law Group PC’s client, an IT worker, was forced to stop working due to combination of psychological, gastrointestinal and musculoskeletal problems, and sought long-term and short-term disability insurance benefits under ERISA-governed policies provided by his employer. His claim for short-term disability benefits was initially approved; however, the insurer eventually denied his claim for further STD benefits and denied his claim for long-term disability benefits. The McKennon Law Group PC filed a lawsuit in the federal district court, and the insurance company capitulated, agreeing to pay our client all of his past-due benefits with interest, reinstate his long-term disability benefits and agreeing to pay all of his attorney’s fees and costs of the lawsuit so that our client could keep 100% of his disability insurance benefits.

Our Client, an Attorney, Received Long-Term-Disability Benefits for a Decade, Then Is Cut Off; We Fight the Denial and Convince the Insurer to Overturn the Claim Denial
After paying an attorney long-term disability benefits for over a decade, an insurer decided to suddenly deny his ongoing claim for disability benefits. The attorney hired our firm to challenge the denial. After we aggressively fought the denial, the insurer reinstated our clients’ claim in full, and paid him the long-term disability benefits he was due.

Long-Term-Disability Insurer Reverses Its Denial Decision of Optician Client’s Claim and Agrees to Pay Full Past and Future Benefits to Our Client Suffering from Osteoarthritis
An optician was unable to work due to a chronic and progressive condition that eats away at her cartilage causing severe osteoarthritis in her joints. The optician filed a claim for long-term disability benefits through the ERISA group disability plan provided by her employer. Ignoring the optician’s medical records and a letter from the optician’s doctor stating that she is unable to return to gainful employment, the insurer denied her claim for long-term disability benefits and asserted that she could work full-time at a sedentary job. The McKennon Law Group PC filed an appeal on the optician’s behalf pointing out all errors made by the insurance company, and successfully convinced the insurer to reverse its denial of benefits decision and pay all of her long-term disability insurance benefits owed since the claim was filed and to pay the monthly benefits to which she is entitled on an ongoing basis in the future.

Suffering From Depression and Anxiety, Our Financial Advisor Client Finally Receives His Long-Term-Disability Benefits After We Prove the Insurer’s Evidence Is False and Its Methods Were Illegal
A financial advisor at a major bank was unable to work due to depression and anxiety. Despite this, and numerous statements from his treating physicians that he was unable work, an insurer denied his claim for long-term disability benefits under a policy governed by ERISA. That decision was based on the incorrect “discovery” that our client started his own business and returned to work. The McKennon Law Group PC demonstrated, not only that this was incorrect, but that the tactics used to gather that “evidence” violated the California Insurance Code. After initiating litigation, the Firm was able to secure a substantial settlement for the client that covered past due and future benefits, as well as attorneys’ fees and costs.

Our Client, a Company Being Sued in a Contract Dispute, Pays a Small Fraction of the Claimed Damages Because of Our Defense Work
The McKennon Law Group PC represented a medium-sized company in a dispute involving a significant contract to purchase copiers and related services. The parties engaged in an early mediation, in which our client agreed to pay a small fraction of the alleged damages in order to avoid further litigation.

Insurance Companies Initially Deny Our Banker Client’s Short-Term Disability and Long-Term Disability Claims Due to Failure to Meet Filing Deadlines, Then Are Persuaded by McKennon Law Group PC to Change Their Minds
A personal banker could no longer perform the duties of her occupation because of depression, fatigue, anxiety and insomnia. Those same conditions rendered her unable to file her claims for short-term disability benefits and long-term disability benefits in a timely manner. Two different insurance companies denied her claims disability benefits under policies governed by ERISA. The McKennon Law Group PC was able to convince the insurers to accept her late-filed claim, and after litigation, helped her obtain separate favorable settlements from both of the insurers.

On Behalf of Our Paralegal Client, Suffering From Physical and Psychological Ailments Due to Workplace Harassment, We Overturn the 24-Month Limit on Her Long-Term Disability Benefits Imposed by Her Insurer
After experiencing workplace harassment, our client, a paralegal, began experiencing post-traumatic stress disorder, depression and panic disorder, as well as persistent stomach pains, debilitating headaches and insomnia. Her disability insurer denied her claim for long-term disability benefits under a group policy governed by ERISA, and took the position that even if the client was disabled, despite experiencing both physical and psychological symptoms, her claim was limited to two years of benefits by virtue of the mental illness limitation clause of the policy. Overturning the denial decision meant she would obtain significantly more benefits than if she accepted the insurer’s decision. She then sought out the best ERISA disability insurance attorneys she could find to assist her to aggressively fight the insurer’s position. She hired McKennon Law Group PC and after we filed litigation, our client was able to obtain a settlement where the insurer agreed to pay an amount substantially greater than two years of disability benefits.

Life Insurer Initially Pays Benefits for Two Decades to Our Aerospace Engineer Client Who Was Partially Paralyzed, Then Cancels His Policy; Our Lawsuit Forces the Insurer to Reinstate Full Benefits and to Pay Her Attorneys’ Fees
An engineer at a large aerospace company suffered a severe stroke, with a brain hemorrhage, that left him permanently, partially paralyzed on his left side. He had group life insurance policy obtained through his employer. His life insurer determined he was disabled and therefore waived his life insurance premiums, as the policy required. After affording this benefit for over two decades and, despite that the engineer’s medical condition had not changed, the insurer inexplicably and unfairly decided to terminate his benefits and his policy. He had heard about the very strong reputation of The McKennon Law Group PC in fighting insurance company claim denials and hired us. We promptly stepped in and filed ERISA litigation on the engineer’s behalf, demanding that the insurer reinstate his life insurance coverage and continue waiving his premiums. His insurer immediately backed down based solely upon the detailed and persuasive Complaint we filed. The insurer immediately reinstated his life insurance policy, gave him a zero premium balance, waived his future premium payments, and paid 100% of his attorneys’ fees and costs to bring his legal action.

Daughter of a Deceased Life Insurance Policyholder Receives the Policy’s Death Benefit After We Convince the Insurer It Was Wrong to Withhold That Benefit
The McKennon Law Group PC was recently able to secure ERISA life insurance benefits for the daughter of the policyholder, without litigation, after convincing the life insurance company that the decision to lapse a life insurance policy for non-payment of premiums was incorrect. Before his death, the insured received a premium invoice listing amounts due for two different policies – group universal life insurance and accidental death and dismemberment insurance. The insured decided he only wanted the life insurance coverage, and so paid the premium amount identified for that coverage. The insurance company never informed the insured that he needed to pay the premiums for both types of coverage in order to keep any coverage in effect. Confusingly, the insurer then sent a second premium notice that included a premium amount for the accidental death and dismemberment insurance that was different from the initial premium notice, but again failed to explain that the life insurance coverage would lapse if premiums for the accidental death and dismemberment insurance were not paid. When the additional premium payment was not made, the insurance company lapsed all of the insured’s coverage. To add insult to injury, the insurer failed to refund the premiums that were paid for the life insurance. He searched for the best life insurance attorneys he could find and hired The McKennon Law Group PC. We were able to explain to the insurer why the decision to lapse the life insurance coverage was improper, and in violation of the California Insurance Code. After receiving our letter, the insurer paid the full life insurance benefits to the insured’s beneficiary, with interest.

Long-Term-Disability Insurer Reinstates Disability Insurance Benefits to Our Sales Executive Client Suffering From Severe Neck and Back Pain After We Show the Denial Was Erroneous
A sales executive could no longer perform the duties of his occupation, which required extensive travel to the offices of customers, due to severe back and neck pain. The sales executive filed a claim for long-term disability benefits through the ERISA plan provided by his employer. After approving and paying the LTD claim for a few months, the insurance company denied the ongoing claim, asserting that the medical records did not support an inability to work, and that the claimant’s own treating physician did not support his claim for disability. The sales executive hired the McKennon Law Group PC to handle his appeal, and if necessary, file litigation in order to secure payment of the long-term disability benefits he was owed. We were able to convince the insurer, without litigation, that the claim denial decision was improper and should be overturned. In the extensive appeal letter sent to the insurer, we identified the many errors made by the insurance company in handling the ERISA disability claim. Upon receipt of the appeal letter and additional supporting documentation, the insurer reinstated the sales executive’s claim and paid him all back benefits and future benefits owed.

Our Clients – a Group of Companies Sued by Their Investors Over Alleged Fraud, Mismanagement and Misappropriation – Are First Denied Litigation Defense by Their Directors & Officers’ liability Insurer; We Get the Insurer to Defend Them
Our clients, a series of health care and real estate investment companies and their principal, were sued in seven different lawsuits by various investors in the companies. The investors claimed the clients defrauded them, mismanaged the companies they had invested in, failed to pay the promised return on investment, and diverted company opportunities to themselves, among other things. They were seeking millions of dollars in damages, well over eight figures. The clients tendered the lawsuits to their directors & officers’ liability insurer under a “claims made and reported policy.” The insurer ignored the tenders, except briefly acknowledging two of the seven claims. The clients tendered the suits again and again with no response from their insurer. The clients were left to defend themselves in the lawsuits, some of them for eight months, racking up hundreds of thousands of dollars in attorneys’ fees, until McKennon Law Group PC got involved. The firm immediately wrote coverage letters in each case to the insurance company, threatening a breach of insurance contract and insurance bad faith lawsuit for the insurer’s delay in responding to the tenders and failure to defend the clients in the underlying liability lawsuits, as the policy required. The insurer hired coverage counsel from a large out-of-state law firm that reviewed our coverage letters. Based on our letters, the insurer quickly agreed to defend the firm’s clients in six of the seven lawsuits and reimburse them for the past defense fees they had incurred. It agreed to defend the clients even though there was not a policy in place for the relevant policy year for most of the lawsuits. The insurer agreed to relate the claims back to an earlier policy year under a “related claims” endorsement. McKennon Law Group PC convinced the insurer to honor the policy obligations it had ignored for almost a year, without even having to file a coverage lawsuit, thereby saving the clients significant money in litigation expenses. The firm successfully continued to fight with the insurer over the one suit it declined to defend and over its ability to control the defense of the litigation by imposing “Cumis” counsel rates.

Long-Term-Disability Insurer Tells Our Police Officer Client in Extremely Bad Health to Wait Three Years Before Filing for Benefits, Then Denies Benefits Because He Didn’t File Immediately; We Fight to Get the Insurer to Reverse Its Decision
McKennon Law Group PC’s client, a police officer whose health gradually declined after he was injured on-duty culminating in cervical spine surgery, asked his long-term disability insurer about filing a claim because he could no longer perform his physical job duties. He was told not to apply because he was ineligible for disability benefits until he exhausted his sick leave, salary continuation and injured-on-duty benefits. The officer dutifully applied for, and received, these benefits for three years. As instructed, just before these benefits were exhausted, the officer submitted his long-term disability insurance claim to the insurer. The insurer denied his claim as untimely under his policy, stating he should have filed the claim within one month after he stopped working, a position which directly contradicted the insurer’s earlier instructions (yet was consistent with the policy’s notice provisions). The insurer also claimed the police officer failed to submit adequate medical records proving he was disabled. We appealed the police officer’s claim denial and filed litigation. We proved he was disabled, that the insurer had in its claim file the very medical records it contended it did not have, and that the insurer was estopped from relying on the policy’s notice provision. The insurer also asserted that ERISA applied to the claim but we were able to successfully argue that the insurer waived the application of ERISA. Shortly after we filed litigation, we convinced the insurer to pay all past-due benefits with interest, and to reinstate all benefits owed and pay the on-going disability claim. Subsequently, we negotiated a six-figure policy buy-out that included the full net present value of the police officer’s benefits in addition to all of his attorneys’ fees, a very positive result.

Disability Insurance Company Fails to Discover Its Agent Mishandled Our Dental Hygienist Client’s Insurance Application, Denies Her Claim Due to the Agent’s Errors; We File Legal Actions that Result in Her Winning a Multi-Million-Dollar Settlement
A dental hygienist purchased two individual disability policies, and was forced to file a claim for long-term disability benefits when carpal tunnel syndrome and De Quervains syndrome rendered her unable to work any longer. Unfortunately, without the knowledge of the dental hygienist, the insurer’s agent negligently misrepresented her income on her applications. Based on this misrepresentation, the insurer issued, and the hygienist paid for, policies with higher premiums and benefits than it otherwise would have. However, when the hygienist later filed for disability benefits, the insurer accused her of fraud when completing the insurance application. The insurer failed to adequately investigate and discover that those misrepresentations were made by their licensed agent, not our client. The insurance company refused to approve her claims because of the misstatements on the insurance application. With the help of the McKennon Law Group PC, the dental hygienist filed suit against the insurance agent, the insurance company and the insurance agency that sold her the policies. We were first able to secure a large six-figure settlement against the agent. Then, after asserting causes of action including breach of contract and a bad faith against the insurer for policy benefits, attorneys’ fees, consequential damages, emotional distress and punitive damages, we secured a multi-million dollar settlement for the dental hygienist against the insurer. We also pursued a claim for professional negligence against the insurance agency that sold her the policies and we recovered for our client an additional six-figure amount. An incredible result for our client.

Our Attorney Client, Crippled by Pain and Fatigue Due to Degenerative Rheumatoid Arthritis, Is Stymied by Long-Term-Disability Insurer’s Refusal to Make a Claim Decision; The Insurer Settles the Action to the Tune of Six Figures After We File Suit
A trial attorney developed degenerative rheumatoid arthritis and eventually became unable to work due to the resulting pain and fatigue. While she filed a timely claim for benefits under a disability income policy she purchased, submitted all the required claim forms and provided ample medical evidence supporting her condition, the insurer refused to make a claim decision. Because the insurer continued to delay and failed to pay the claim, the attorney searched for the best disability insurance attorneys she could find. She hired McKennon Law Group PC. We filed litigation. Following the insurer’s review of the Complaint, we immediately convinced the insurer to pay our client 100% of her past-due long-term disability insurance benefits, as well as a commitment to pay future benefits to which she was entitled, with the insurer offering a six-figure buy-out of her policy.

Long-Term-Disability Insurer Relies on Negligent Physician’s Findings, Denies Benefits to Our Paralegal Client Suffering From Wrist/Hand Ailments; Our Litigation Makes Insurer Pay Full Benefits, Plus Attorneys’ Fees
McKennon Law Group PC’s client, a paralegal, was diagnosed with carpal tunnel syndrome and De Quervain’s tenosynovitis in 2012 but tried to work through the pain. About one year later, she stopped working as the pain in her neck and shoulders and pain and tingling sensations in both wrists became unbearable. Multiple physical examinations and MRI results confirmed her diagnosis and reported symptoms. The insurer paid her short-term disability insurance claim, but denied her long-term disability claim, based in part on its determination that she did not provide sufficient evidence of continuing impairment. The insurer reached this determination by deferring to the findings of a physician it retained to review the paralegal’s medical records. This retained physician never spoke with the paralegal’s doctors, never contacted the paralegal to discuss her condition and did not even review medical records for the correct time period. The paralegal hired McKennon Law Group PC, and we litigated the case against the insurer. Based on the firm’s efforts, our client obtained a full recovery, 100% of her past-due benefits, attorneys’ fees and we convinced the insurer to place her back on claim and to pay all future benefits owed. Because we recovered attorneys’ fees from the insurer, our client was able to keep 100% of her benefits the insurer paid her.

Our Client, a Sales and Service Specialist at a Bank, Who Suffers From Chronic Back Pain, Had Her Disability Benefits Denied, Allegedly Due to Clerical Error; McKennon Law Group PC Convinces the Insurer to Pay Her Benefits, Plus Attorneys’ Fees
A sales and service specialist at a bank developed chronic back pain due to cervical disc displacement, aggravated by an auto accident. She filed a timely claim, and received short-term disability benefits for a brief period. Subsequently, the insurer terminated her short-term disability claim in part by generalizing about a clerical error in her medical records, and denied her long-term disability insurance benefits on the same basis. She knew she needed experienced disability insurance attorneys to handle her case. She hired McKennon Law Group PC. We appealed her case, filed litigation and represented her through a successful mediation. Ultimately, we recovered all her past-due benefits and convinced the insurer to reinstate her claim for long-term disability insurance benefits and to pay her attorneys’ fees.

Disability Insurer Misinforms Our Client, an Accounts Payable Associate Afflicted With Fibromyalgia and Other Maladies, About Claims Details and Processes, Denies Her Claim; We Expose the Insurer’s Conduct and Win Her Benefits and Attorneys’ Fees
After an accounts payable associate was afflicted with fibromyalgia and a laundry list of other conditions, her doctors restricted her to a part-time work schedule. She applied for disability benefits to cover her reduced earnings under her employer’s long-term disability insurance ERISA plan. However, the insurer denied her claim, incorrectly assuming that the combination of her reduced income and other income benefits exceeded her disability benefits. The insurer failed to inform her that she had the right to appeal, and invited her to reapply once she stopped working or her other income benefits tapered off. Upon her reapplication almost two years later, the insurer again denied her claim, now claiming she did not work enough hours to qualify for coverage, and her coverage ended at the time she reduced her hours. McKennon Law Group PC conducted a comprehensive analysis of the client’s claim and discovered the insurer did not explain that she could qualify for disability benefits once she was unable to work full-time and that her earnings only partially offset her disability income benefits. Based on this information we filed litigation. Eventually, we were able to settle her short-term and long-term disability claims getting her benefits and her attorneys’ fees.

Our Bank Teller Client Receives All Past and Future Disability Benefits, Plus Attorneys’ Fees, After McKennon Law Group PC Demonstrates That She Is Disabled and Cannot Work
A disability insurer paid a bank teller’s short-term disability claim for a few weeks, but later denied her claim based on a selective review of her medical documents and overemphasis of the importance of one medical note stating she was able to work four hours per day. On appeal, the client’s medical provider explained this statement was a “clerical error” and she was not able to work. She then searched for very experienced ERISA lawyers to file an ERISA appeal. She hired McKennon Law Group PC and we filed a second appeal and provided additional supporting evidence that her condition caused her pain, that she had limited range of motion and did not heal despite extensive treatment and physical therapy. Subsequently, we filed litigation and convinced the insurer to pay back all past-due short-term and long-term disability benefits, and place the client back on claim so her benefits are paid into the future. The insurer paid her attorneys’ fees so that she was allowed to keep 100% of her ERISA plan benefits.

Long-Term-Disability Insurer Dismisses Our Field Engineer/Consultant’s Pain, Refuses to Pay Him Disability Benefits; McKennon Law Group PC Files Suit and Gets Him a Six-Figure Settlement
A field engineer/consultant developed a severe and crippling back condition which rendered him unable to sit and drive for long distances and to install heavy equipment for clients. The engineer and his employer provided explicit details about the physical demands required of him, and his doctors provided specific restrictions on his physical activities. However, the insurer dismissed his severe pain, conveniently ignored that fact that these sales presentations involved repeatedly lifting and installing equipment in excess of fifty pounds. The insurer determined he was not disabled under his long-term disability insurance policy because he was capable of giving sales presentations and dealing with stressful situations. He was determined to find the best disability insurance advocates he could find. He hired McKennon Law Group PC and we filed litigation and subsequently obtained a six-figure settlement for the engineer.

Our Widower Client Receives Death Benefits From His Deceased Wife’s Life Insurance Policy, Even Though She Forgot to Make Some Premium Payments and the Policy Had Lapsed
Our client, a widower, had his claim for life insurance benefits denied because his late wife, due to her ailing health, forgot to pay the premiums on her life insurance policy and their life insurance agent did not take steps to ensure the policy did not lapse. Because she missed several payments, the policy lapsed several months prior to her death and the insurance company terminated coverage. The insurer later denied our client’s claim for death benefits under the life insurance policy. She wanted to hire the best life insurance attorneys in California and found McKennon Law Group PC. We conducted a comprehensive review of the widower’s case, filed a lawsuit against the agent and the insurer, asserting several legal theories for recovery, and aggressively pursued the widower’s claim. Ultimately, we obtained a significant settlement of his case, well beyond our client’s expectations.

We Obtain Six-Figure Settlement for Our Nurse Client Suffering From Severe Back Pain And Who Was Denied Long-Term-Disability Benefits by Her Insurer
Our client, a nurse who suffered cumulative back trauma because her job in the emergency room required repeatedly lifting, transferring and triaging patients, performing CPR and walking for prolonged periods, became totally disabled. After she stopped working, the insurer briefly paid her long-term disability insurance claim, but terminated her benefits based on its allegation that she could return to work as a nurse in a medical office. Our client appealed this decision, but it was again denied. Facing financial hardship, she attempted to return to work consulting in a medical office, but was unable to continue working even in this capacity due to severe back pain. Despite her attempt to return to work, the insurer again denied her claim for benefits, based on its determination that she was capable of working full-time in an office setting. Because she could not afford to have her long-term disability benefits denied, she desperately searched for aggressive ERISA disability attorneys. She found and hired McKennon Law Group PC. We pursued her disability benefits and we obtained a six-figure settlement for our client, alleviating her financial distress.

Our Dentist Client Receives a Six-Figure Settlement to Resolve Her Claim Denial After We Sue Insurer for Bad Faith Because of Her Insurer’s Attempts to Rescind Her Disability and Business Overhead Expense Policy
A long-term disability insurer attempted to rescind a dentist’s disability insurance policy and business overhead expense policy on the grounds she made material misrepresentations in the insurance applications. She needed to hire new attorneys after her prior attorneys botched the case and she found insurance policy rescission experts, McKennon Law Group PC. We handled her breach of contract and bad faith claim and, after the insurer decided to pay her disability claim, we were able to convince the insurer to pay a six-figure settlement to resolve her claims.

Life Insurer Initially Refuses to Pay Benefits to Our Widow Client, or Even Communicate With Her, But Agrees to Pay Benefits After We Undermine Its Reason for Denial
An insurer denied a widow’s claim for her husband’s life insurance benefits, stating his policy lapsed when he stopped working and paying premiums before he passed away. In addition, the insurer refused to communicate further or provide the widow’s family with information regarding the life policy and their claim. We investigated the claim and determined the insured had coverage because he qualified for a waiver of premiums due to a disability, and thus his policy did not lapse. We appealed the denial, and convinced the insurer to overturn its decision and pay a six-figure life insurance settlement to the widow.

Young Woman, Seriously Injured in an Auto Accident by an At-Fault Driver, Receives a Substantial Settlement After We Sued Auto Insurer for Bad Faith
After prolonged investigation, an auto insurance company determined that a driver was largely at fault for causing a series of auto accidents, which resulted in severe physical injuries to a young woman and extensive vehicular damage. Following this determination, the insurer learned the driver-at-fault was underinsured, making the insurer liable under its underinsured motorist policy. Subsequently, the insurer stalled two years until an arbitrator decided coverage issues in favor of our client, the injured young woman. We successfully fought off a Motion for Summary Judgment by the auto insurer while we handled the bad faith portion of the claim. We were able to obtain a significant six-figure settlement for our client.

Life Insurance Company Only Pays Part of a Claim by Our Widow Client and Her Minor Children, Then Pays More Than the Policy Amount After We Point Out the Insurer’s Negligence
A life insurance company received a claim for benefits from a widow and her minor children. The insurer paid a portion of the claim, but denied the supplemental life insurance benefits, claiming the insured failed to provide proof of good health. However, the insurer never asked for proof of good health, never instructed the insured on how to provide this and accepted his application and premiums for the policy, including supplemental life coverage. McKennon Law Group PC filed suit and obtained a six-figure settlement of the case in excess of the actual life insurance proceeds due under the contract.

Our Field Engineer/Service Representative Client, Suffering From Debilitating Knee Pain, Receives Past-Due and Future Disability Benefits After We Establish That the Disability Insurer Mischaracterized His Occupation
A field engineer/service representative developed a degenerative orthopedic condition which caused debilitating knee pain. Although his job involved substantial physical requirements, the insurer mischaracterized his occupation as a sedentary/sales position, ignored supporting diagnostic evidence and denied his long-term disability benefits. We convinced the insurer to place the engineer back on claim and pay back all past-due benefits and to pay all future disability benefits owed to our client.

Long-Term-Disability Insurer Agrees to Pay Over $1 Million in Disability Benefits to Our Escrow Officer Client After We Filed Suit; District Court Orders it to Pay Our Attorneys’ Fees
Although an escrow officer was diagnosed with a variety of debilitating conditions, her long-term disability insurer terminated her long-term disability benefits based on its paid physician’s paper review determination that her medical diagnoses, evaluated individually, did not render her disabled. McKennon Law Group PC convinced the insurer to reverse its decision, reinstate the escrow manager’s benefits and pay all of her past-due and future disability benefits amounting to over $1,000,000. In addition, the district court judge awarded McKennon Law Group PC its attorneys’ fees of over $112,000, approving the firm’s rate of $650/hour for Mr. McKennonʼs work, $550/hour for senior associate attorneys and $250/hour for its junior associate attorneys. The judge also awarded the client her litigation costs and a 5% prejudgment interest on her past-due benefits.

Our Engineer Client Receives a Six-Figure Settlement After We Demonstrated the Disability Insurer’s Bad Faith in Handling His Claim
After a disabled engineer became disabled and filed a long-term disability insurance claim under his group ERISA disability policy, a large disability insurer improperly denied the disability claim. The engineer needed to hire the best disability insurance lawyers in California and found McKennon Law Group PC. We filed litigation and the insurer immediately put the client back on claim and paid all past-due benefits. Then, our client obtained a large six-figure settlement against an insurer to settle his claim for future disability benefits and for the insurer’s bad faith in administering the engineer’s claim for benefits. This settlement represented a large settlement for the bad faith damages in addition to full policy benefits.

Disability Insurer Agrees to a Large Six-Figure Settlement for Our Client, a Grocery Store Manager, After We Sued the Insurer for Using Underhanded Tactics to Try to Invalidate His Claim
A grocery store manager became disabled and received disability insurance benefits for about three years under his employer-provided group long-term disability policy. Subsequently, the insurer began looking for ways to deny his disability claim by conducting surveillance on the store manager, misinterpreting his medical documentation to suggest improvement and mischaracterizing his job duties. He decided he needed help and looked for the most experienced ERISA disability lawyers he could find. He then hired McKennon Law Group PC. We helped the client obtain a six-figure settlement for his future disability benefits in a case governed by ERISA.

Our Business Owner Client Receives a Seven-Figure Settlement From Multiple Insurers After We Successfully Argued They Committed Bad Faith and Fraud
A business owner wanted to set up a pension plan and sought the help of some financial advisors and a large life insurer to achieve this. The financial advisors and the life insurer sold him a plan that was very costly and unnecessarily expensive and that was not suitable to for him. He looked for a law firm that handled pension matters and found McKennon Law Group PC. We sued the financial advisors and the life insurer for bad faith and fraud. After hard-fought litigation in which we successfully defended against 5 Motions for Summary Judgment, we achieved a large seven-figure settlement for our client.

Long-Term-Care Insurer Asserts That Its Surveillance Shows Our Client Is Not Qualified to Receive Benefits, Then Agrees to a Six-Figure Settlement After We Prove She Cannot Do Activities of Daily Living
A long-term care insurer terminated long-term care coverage for an insured based on surveillance footage that it asserted proved an older woman was able to perform certain activities of daily living. She and her daughter knew that they needed to hire the best long-term care attorneys they could find and hired McKennon Law Group PC. We sued the insurer for insurance bad faith and breach of contract and convinced the insurer that our client was incapable of performing her activities of daily living and thus was entitled to benefits under her long-term care coverage. The case was settled in the mid-six figures.

Our Field Engineer Client Sees His Long-Term-Disability Benefits Reinstated to the Tune of Over $1 Million Due to Our Aggressive Advocacy
Following a field engineer’s on-the-job accident, examining doctors determined he was over 50% functionally impaired and unable to compete in the job market. The insurer terminated his long-term disability benefits, stating he was capable of working in “any occupation.” Convinced that he needed to hire aggressive disability insurance attorneys to handle his denied insurance claim, he hired McKennon Law Group PC. We convinced the insurer to reinstate his benefits and pay all of his past-due and future long-term disability benefits amounting to over $1,000,000. We then pursued an insurance bad faith claim against the insurer for attorneys’ fees, consequential damages, emotional distress and punitive damages worth several million dollars. We achieved a significant settlement for our client as a result.

Life Insurance Company Unethically Collects and Retains Premiums From Our Insured by Refusing to Honor a Waiver-of-Premiums Provision; We Persuade the Insurer to Agree to a Large Settlement
A policyholder purchased a life insurance policy which contained a waiver of premiums provision available if the insured was totally disabled for six months. However, the insurer unreasonably interpreted the waiver of premiums policy language and retained over $20,000 in premium payments. We were hired to fight the insurer. We obtained a settlement well in excess of our client’s retained premiums.

Son Finally Receives Life-Insurance Benefit Upon the Death of His Mother After the Life Insurer Lapsed the Policy; We Represent Him and Secure a Six-Figure Settlement
An individual purchased a life insurance policy for his mother, which named him as the beneficiary. The insurer consistently and habitually accepted late payments and waived the reinstatement applications for the policy. Subsequently, the insurer unreasonably lapsed the policy asserting that the son had not timely paid premiums. Ultimately, the insurer denied the claim asserting that the life insurance policy had lapsed and no longer provided coverage. The son wanted to aggressively pursue the life insurance death benefits due to him and wanted to hire the best life insurance lawyers in Orange County to represent him. He knew Robert McKennon and hired him. We represented the client and asserted that prior course of dealing established that the insurer should have accepted a late payment. Our client eventually received the full amount of the death benefit claim in a mid six-figure settlement.

Long-Term Disability Insurer Denied Our Financial Advisor Client’s Depression Claim; We Established the Flaws in the Denial and Negotiated a Six-Figure Settlement
A financial advisor suffered from major depression and filed a claim for long-term disability benefits. After its independent medical review, the insurer found her symptoms were consistent with her depression diagnosis and she was unable to work. However, the insurer denied her claim. Looking for aggressive and experienced disability lawyers, she hired our firm. We ought the insurer and obtained a large six-figure settlement for the financial advisor.

Family Hires McKennon Law Group to Fight Life Insurance Claim Denial; We Get Life Insurance Policies Reinstated and Our Client Received a Large Settlement
Family members purchased life insurance policies to cover future estate taxes. Subsequently, an insurance agent persuaded the family members to switch to another type of policy and to leave an important application term blank. Due to this omission, defective notice from the insurer and other improper acts by the insurer and its agent, a substantial life insurance policy lapsed. The family knew it had to hire the best life insurance attorneys in California and hired McKennon Law Group PC. We convinced the insurer to reinstate the policy and our client obtained a six-figure settlement.

Disability Insurer Initially Balks on Granting Benefits to Our Client, a Retail Store Manager, Because of a Blank on the Application, But McKennon Law Group PC Convinces the Insurer to Pay All Past and Future Amounts
A retail store manager submitted his application for a disability policy, and following advice from a plan sponsor representative, left one section of the application blank. The insurer improperly stated the application was incomplete and stalled the effective date of the disability policy, then denied his claim for disability insurance benefits. McKennon Law Group PC convinced the insurer to place the manager back on claim and pay all of his past-due and future disability benefits amounting to several hundred thousand dollars.

MetLife Denies Our Waitress Client Her Disability Benefits, Claiming Her Cerebral Hemorrhage Was Due To a Preexisting Condition, But Abandons Its Position on Appeal After We File Suit
A waitress became unable to work due to a cerebral hemorrhage. Her disability insurer MetLife improperly determined her disability was a preexisting condition and denied her claim. She sought out highly experienced ERISA lawyers and found McKennon Law Group PC. We filed a complaint and the court permitted the insured to file an administrative appeal. On appeal, the insurer reversed its decision and paid the insured all of her past-due and future disability benefits.

Life Insurance Agent Negligently Allows Senior Citizen’s Policy to Lapse via Lack of Notification; Insurer Doesn’t Pay the Benefit Upon Death; McKennon Law Group PC Secures a Settlement for Most of the Policy’s Benefit Amount
An insurance agent negligently violated company protocol and a promise to an elderly insured to contact the insured and inform him of an upcoming policy lapse of a life insurance policy. Subsequently, the agent failed to do this and the policy lapsed. The elderly insured died and the beneficiary filed a claim but it was denied because of the lapse of the life insurance policy. The beneficiary wanted to hire the top ERISA attorneys in California and found McKennon Law Group PC. We filed suit and settled the case for most of the life insurance policy’s death benefit.

Our Accountant Client, Experiencing Seizures After Surgery, Receives a Six-Figure Settlement After a Disability Insurer Initially Denies His Claim by Alleging Sickness as the Cause, but Then Reverses Its Decision
An accountant sustained atypical seizures following major surgery. The insurer improperly determined the surgeries caused the seizures, classified the residual injuries as complications from a “sickness” rather than an “accidental bodily injury” and denied his disability insurance claim. The accountant, distressed at the disability claims denial, desired to hire the top disability insurance attorneys in California and hired McKennon Law Group PC. We convinced the insurer that the disability should be characterized as an accidental bodily injury and to pay a six-figure settlement to settle our client’s insurance bad faith claim.

Auto Insurer Agrees to a Settlement Three Times Greater Than Its First Offer to Our Client Who Suffered Emotional Distress After a Driver Crashed His Car Into Her Home
Although not physically injured, a woman suffered emotional distress when a vehicle crashed into her home. The driver’s insurer originally denied her personal injury claim, claiming the injury did not cause a physical injury. We helped the woman obtain a settlement over three times greater the insurer’s original offer.

Nonprofit Management Company, Initially Denied Policy Benefits After a Vendor’s Embezzlement, Receives a Six-Figure Settlement When McKennon Law Group PC Represents It in Arbitration
After a nonprofit corporation discovered embezzlement by its vendor, its insurer refused coverage for the amount stolen, corresponding penalties and interest charges. McKennon Law Group PC represented the nonprofit corporation in arbitration and obtained a mid six-figure settlement from the insurer.

Long-Term-Disability Insurer Agrees To a Million-Dollar Settlement After Initially Denying Benefits to Our Corporate Executive Client Suffering From Nerve Damage and Pain
A corporate executive suffered nerve damage and experienced frequent outbreaks of pain. The insurer improperly categorized her complex management duties as “sedentary” and ignored consistent findings by her doctor in order to deny her long-term disability benefits. We convinced the insurer to reverse its decision and to pay all of her past-due and future long-term disability benefits amounting to over $1,000,000.

Our Claims Examiner Client, Suffering From Complications of Spinal Stenosis, Receives Full Past and Future Long-Term-Disability Benefits After McKennon Law Group PC Convinces the Insurer to Reverse Its Denial
A claims examiner submitted substantial medical records showing he suffered chronic pain and a restricted range of motion such that he could only work four hours a day due to severe spinal stenosis. The insurer denied his long-term disability insurance claim. After he searched for the best disability attorneys he could find, he found McKennon Law Group PC. We convinced the insurer to reverse its decision and pay all of his past-due and future disability benefits amounting to several hundred thousand dollars.

Long-Term-Disability Insurer Pays Out a Settlement Six Times the Policy Limit After Trivializing Our Bus Driver Client’s Physical and Mental Suffering From an Automobile Accident as “Stress-Related”
A school bus driver suffered extensive physical and mental injuries following an automobile accident, but the insurer categorized his conditions as stress-related, and denied his long-term disability insurance claim. Notably, bus driver’s policies did not exclude coverage for stress-related symptoms. After he was told that McKennon Law Group PC was the best disability firm in Los Angeles, he hired our firm and we filed a case against the disability insurer for insurance bad faith. We fought the insurer’s assertion that the disability claim was governed by ERISA and we obtained a six-figure settlement for our client that was six times greater than the maximum disability benefits payable under his disability policy.

Our Courier Client Suffering From Crippling Arthritis Pain Sees His Long-Term-Disability Claim Initially Denied by the Insurer; She Receives All Past and Future Benefits, Plus Attorneys’ Fees
A courier’s arthritis caused severe hip and abdominal pain such that she could not tolerate the extensive driving, bending and lifting required for her occupation. The insurer ignored evidence of multiple surgeries and other serious medical issues, and denied her long-term disability insurance claim. We challenged the insurer’s denial and convinced the insurer to pay all of her past-due and future long-term disability benefits. In addition, the court forced the insurer to pay her substantial attorneys’ fees.

McKennon Law Group PC Persuades a Disability Insurer to Pay a Large Six-Figure Buyout Settlement to Our Attorney Client Who Became Disabled and Could Only Work Part Time in a Different Field
After an attorney became disabled, she worked part-time in another field. Her insurer denied her disability insurance claim, stating improperly that she was capable of working full time at this second job. We convinced the insurer to reverse its decision and buy out her disability policy in a high six-figure settlement.

Bank Senior Analyst Suffering From Severe Arthritis, Who Had to Stop Working, Receives All Past and Future Disability Benefits After McKennon Law Group PC Convinces the Insurer to Retract Its Denial
A senior analyst at Bank of America stopped working due to severe arthritis. She filed a disability insurance claim but the insurer denied the claim. She was told that we were the best insurance law firm in California and she hired us. We convinced the insurer to overturn its disability claim denial, and to pay all of his past-due and future disability benefits.

Disability Insurer First Denies Coverage to Our Software Engineer Client Suffering Incessant Postoperative Pain, Then Is Convinced by McKennon Law Group PC to Pay All Past and Future Benefits, Plus Attorneys’ Fees
A software developer experienced persistent pain following postoperative complications but the insurer denied his disability insurance claim. He needed very experienced disability attorneys on his side and so hired McKennon Law Group PC. We subsequently filed a complaint and while the case was pending, we convinced the insurer to pay all of his past-due and future disability benefits amounting to several hundred thousand dollars. We then forced the insurer to pay our client’s attorneys’ fees and costs.

Military Veteran Suffering Chronic Pain After Surgery Gets Disability Insurance Benefits Reinstated After We Convince the Insurer to Change Its Stance
A U.S. veteran continued to suffer chronic pain in his back, knees and legs following a surgical procedure. His disability insurer terminated his disability insurance benefits shortly after the procedure, and denied his claim for ongoing benefits. McKennon Law Group PC handled the appeal and within three months, convinced the insurer to reinstate his disability benefits, and to pay all of his past-due and future disability benefits.

Disability Insurer Denies the Claim by Our Engineer Client Suffering Sciatic Pain, Saying His Pain Level Wasn’t Severe Enough; We Convince the Insurer to Pay Disability Benefits
An engineer was diagnosed with sciatica which caused throbbing pain to his lower back and thigh area. His disability insurer denied his claim for disability insurance benefits, stating his condition was not severe enough to support a functional loss. He searched for aggressive ERISA disability attorneys and found McKennon Law Group PC. We convinced the insurer to overturn its denial and pay short-term disability benefits and to then pay his long-term disability insurance claim.

Two Employee-Practices-Liability Insurers Refuse to Defend or Indemnify Our Investment Company Client That Was Sued by an Employee; We Persuade Both Insurers to Fulfill Their Obligations
Our client, a financial services business with employees, obtained an employee practices liability policy. When a disgruntled company employee brought suit against the company, the company tendered its defense and indemnity to two insurance carriers. The carriers refused to defend and indemnify the company and attempted to rescind the policy based on certain exclusions and the timing of the tender. We convinced both insurance carriers to overturn their denials and to defend and indemnify the company against the liability claim.

Our District Manager Client, Suffering Physical and Mental Complications of Stress and Cervicalgia, Has His Disability Claim Denied, Then Receives a Policy Buyout After McKennon Law Group PC Challenges the Denial
McKennon Law Group PC’s client, a district manager, suffered extreme job-related stress which led to anxiety and depression. In addition, he suffered a variety of physical afflictions, including insomnia, difficulty concentrating, headaches and back pain due to cervicalgia. The insurer denied his disability insurance ERISA claim and ignored substantial evidence of his depression, anxiety and physical symptoms. The insurer and its doctors relied on surveillance footage (which revealed little other than our client speaking to a neighbor, wiping a water stains off his car, riding a bike, and doing minor yard work) as compelling evidence that our client had no functional or mental limitations. He needed a law firm that was not afraid to fight insurance company denials and hired McKennon Law Group PC. We challenged this denial, litigated the case and convinced the insurer to buy out the disability insurance policy during an early mediation that enabled our client to get paid soon after the complaint was filed.

McKennon Law Group PC Disability Insurance Attorneys Persuade Insurer to Reverse Claim Denial and Pay All Past and Future Long-Term Disability Benefits to Our Client
Our client, a Fiber Sales Executive for a telecommunications company, was covered under his employer’s long-term disability (“LTD”) insurance policy. After more than 16 years with his employer, he began to suffer from debilitating pain on the left side of his neck, left shoulder, and left hand due to cervicalgia. Unfortunately, his condition further deteriorated into complex regional pain syndrome (“CRPS”), nicknamed the “suicide disease.” After paying him long-term disability benefits for well over a year, the insurer terminated his benefits because it claimed that his medical condition no longer prevented him from working in his prior occupation, relying on flawed peer reviews from medical consultants beholden to the insurer and the insurance industry. After the internal appeals filed by our client were summarily denied, he turned to the experienced ERISA disability lawyers at McKennon Law Group PC. We filed a detailed Complaint that quickly prompted the insurer to initiate settlement talks. Most significantly, we pointed out that in addition to all of our client’s treating doctors supporting his long-term disability claim, two government agencies, the Social Security Administration and Department of Education, had both found our client disabled based on language substantially similar to the LTD policy language. Ultimately, the insurer agreed to a settlement to overturn its claim denial, to pay our client all of his past-due long-term disability benefits with interest, reinstate the payment of future claim benefits, and pay our client’s attorneys’ fees and costs. Our client is exuberant to once again be receiving the LTD benefits he was promised and is entitled to receive from his long-time employer. (Zava2024)

McKennon Law Group Convinces Insurer to Reinstate Marketing Executive’s Disability Benefits and Pay Full Interest and All Attorney’s Fees
Our client was a corporate marketing sales executive. She often had to travel throughout the country while meeting with various clients. While working, she injured her neck. This injury began to gradually cause soreness and stiffness in her neck, right shoulder, and right trapezius areas. She experienced pain on a semi-regular basis for roughly eight years. This pain was associated with her work duties. Her condition eventually worsened such that she could no longer lift heavy objects or use a computer. She applied for, and started receiving, long-term disability benefits under her long-term disability insurance policy she acquired through her work that was governed by ERISA. To treat her condition, our client underwent neck surgery. The surgery was not a success. Even though the treatment failed to alleviate her symptoms, the insurer insisted that she could return to work. It terminated her benefits. Our client began her nationwide search for highly experienced ERISA disability insurance claims attorneys, found McKennon Law Group PC and hired us to help her recover her badly needed disability benefits. We analyzed her case, prepared a thorough and very detailed complaint and mediated the matter with the insurer. Our arguments were thorough and highly persuasive, allowing us to quickly convince the insurer that it had gravely erred. We convinced the disability insurer to reinstate our client’s benefits. We also convinced it to pay all benefits from the initial date of termination through the date of the mediation, interest, and all of her attorneys’ fees. Our client obtained everything she was entitled to under the law. She was thrilled with our work and that she could again live her life without worrying about paying her bills. (Barsic2022)

McKennon Law Group PC Successfully Assists Client in Obtaining Full Long-Term Disability Benefits
After suffering from excruciating pain for more than two years, our client, an orthodontist, came to the life-altering realization that she would no longer be able to work, which was compounded by the fact that she owned and operated her own business. She was faced with the prospect not only of being no longer able to work, but also of having to give up a business she had spent several years developing. Then she was diagnosed with a progressive nerve condition that caused her debilitating pain. Not only is her condition uncurable, but it will only get worse with time. When the Guardian Life Insurance Co. started giving her the runaround, she retained McKennon Law Group PC on an hourly basis to assist her in navigating the daunting process of pursuing long-term disability claim for benefits. The firm saw her through the entire process until Guardian awarded her full long-term disability benefits. Although she misses her business, she is now able to provide for herself thanks to the counsel she received from McKennon Law Group PC, without which her claim likely would have been denied or substantially delayed due to any number of pitfalls that are almost too easy to fall into. With the expertise of the highly experienced disability insurance attorneys at McKennon Law Group PC, she was able to successfully submit a claim and get awarded full long-term disability benefits without the added stress that accompanies the appeals and litigation process. (Lee2021)

The United States District Court for the Central District of California has approved the highest billing rate ever allowed by a California Court for ERISA insurance matters for McKennon Law Group PC’s founding partner, Robert McKennon. The court approved Mr. McKennon’s billing rate based on his strong experience and expertise in litigating ERISA and bad faith insurance matters, stating: “[G]iven Mr. McKennon’s extensive experience in ERISA matters, it seems reasonable that he would command fees on the high end for attorneys practicing in this area of law.”

McKennon Law Group PC attorney Scott E. Calvert wins defense verdict in corporate severance suit.

McKennon│Schindler LLP, Robert J. McKennon’s prior law firm before he founded McKennon Law Group PC, filed an action under the Financial Industry Regulation Authority (“FINRA”) on behalf of a client who lost his life savings due to the negligence and a breach of fiduciary duty owed to him by Cullum & Burks Securities and advisor Robert J. Clark. After a hearing and arbitration in which Mr. McKennon appeared, our client was awarded his full compensatory damages plus interest of $543,612.62.