HELPING THE DISABLED FROM COAST TO COAST

Mutual Of Omaha

Helping Policyholders with Mutual of Omaha Disability Insurance Delay and Denial Claims

Mutual of Omaha Insurance Company (Mutual of Omaha) is a Fortune 500 company, ranking at 342 in 2017. Mutual of Omaha did not earn a net income of $356.6 million in 2016 by gladly paying out every insurance claim. Mutual of Omaha may have wrongfully delayed or denied some policyholders’ claims for short-term (STD) or long-term (LTD) disability insurance benefits.

If you are between the ages of 18 and 61; you work at least 30 hours per week; and you are not

currently disabled, pregnant, awaiting a pending surgery, or recuperating from an illness, then you might be eligible to receive disability insurance coverage through Mutual of Omaha. Huge disability insurance carriers understand that they can often increase profits by denying legitimate claims or giving policyholders the runaround. If you believe that Mutual of Omaha Insurance has unfairly treated your disability claim, we can help.

At DarrasLaw, our team of disability insurance attorneys includes Frank N. Darras, widely considered America’s Top Disability Insurance Lawyer. We have over 100 years of insurance claims and seasoned litigation experience to handle unreasonable delays or the denial of your disability claim.

If Mutual of Omaha delayed or wrongfully denied your disability insurance claim, the disability insurance lawyers and ERISA attorneys at DarrasLaw can help. We hold disability insurance companies accountable and ensure that policyholders are paid what they deserve. Contact us for a free consultation about your disability case, either through DarrasLaw online or by calling us at (800) 458-4577.

Understanding Short-Term and Long-Term Disability Insurance Benefits with Mutual of Omaha

While disability insurance policies can be similar, every short-term or long-term disability insurer uses unique policy provisions and limitations. Understanding the nuances of your policy can help you avoid unexpected delays or denials.

 

Short-term disability (STD) insurance benefits provide covered employees with a percentage of their income for a short period of time, if the employee becomes disabled. Mutual of Omaha generally offers both total and partial disability income benefits in its base policy.

 

Mutual of Omaha generally provides the following short-term disability insurance:

 

  • A monthly benefit, based on a portion of your current income. Maximum monthly base benefit is generally $5,000.
  • Elimination period—ranges from 0 to 90 days
  • Benefit period—ranges from 6 to 24 months
  • A level premium rate until coverage ends at age 67

 

Long-term disability (LTD) insurance benefits provide beneficiaries with a portion of their income in the event that they cannot work—for an extended period—due to a covered disability. For long-term disability insurance policies, Mutual of Omaha generally offers what are known as total disability income and proportionate disability insurance benefits. The package you qualify for is based on the extent of the disability—whether you can work, or at a diminished capacity (proportionate benefits), versus an inability to work in any capacity (total income benefits).

 

Mutual of Omaha generally provides the following long-term disability insurance:

 

  • A monthly benefit, based on a portion of your current income. Maximum monthly base benefit is $12,000 to $15,000.
  • Elimination period—from 30 to 365 days
  • Benefit period—from 2 to 10 years, or to age 67
  • A level premium rate until age 67. (You may continue coverage until age 75 if working full time. Premiums will increase annually after age 67.)

Mutual of Omaha’s Patchy Claim Past

Disability insurance companies make more money by offering lowball settlements or delaying and denying claims. Insurance companies win when the insured fails or can’t fight back. Over the years, DarrasLaw’s clients have fought back and won against every major disability insurance company.

Mutual of Omaha, like all major disability insurance companies has an obligation to act in good faith when you present a claim for disability. This means that disability insurance companies should not get away with simply looking for ways to avoid paying legitimate claims—Unfortunately, disability insurance companies act in bad faith more often than their customers might imagine. Common red flags for bad faith claims delays or denials are:

 

  • Requests for independent medical examinations by improperly credentialed doctors
  • Massive requests for duplicative claim documentation
  • Denials unaccompanied by minimizing, both objective and subjective proof of disability
  • Failing to make a disability claim decision within a reasonable amount of time
  • Failing to relate relevant information to the claimant (or person filing the claim) about proof of loss deadlines

 

If you feel that your disability claim was unduly delayed or wrongfully denied, you should fight back, too—and DarrasLaw, with its team of experienced disability insurance lawyers and ERISA lawyers are here to help.

 

The following are just a few of the many, many lawsuits that Mutual of Omaha has faced over the years:

 

Radecki v. Mutual of Omaha Insurance Company

 

Tadeusz Radecki submitted an application to Mutual of Omaha for long-term disability benefits. Mutual of Omaha denied Radecki’s claim, because it disputed whether he became totally disabled while covered by the policy. The company also argued that Radecki did not make his claim within the allotted statute of limitations time frame.

 

Radecki sued Mutual of Omaha for bad faith and breach of contract, and a jury ultimately decided the case. The jury returned a verdict in favor of Radecki on the breach of contract cause of action and awarded Radecki damages equal to 24 months of disability benefits. An appeals court later upheld the judgment.

Egan v. Mutual of Omaha Insurance Company

Egan purchased an individual disability insurance policy with Mutual of Omaha; he later filed a disability claim under his policy. Mutual of Omaha denied Egan’s claim, stating that Mutual of Omaha’s own claims manager for Egan’s policy deemed the claim fraudulent.

 

Egan brought suit against Mutual for bad faith and unfair dealing. Egan presented evidence that he was no longer able to work despite his own good-faith recovery efforts. Furthermore, Egan had offered to undergo a medical evaluation by a doctor of Mutual of Omaha’s choosing before he sued, but Mutual of Omaha declined his offer; Mutual of Omaha also did not order any medical evaluation before wrongfully denying Egan’s claim.

 

The trial court found in favor of Egan, holding that Mutual had not sufficiently investigated Egan’s claim before denying it. Mutual of Omaha appealed, and the state’s supreme court affirmed the trial court’s finding, agreeing that Mutual of Omaha failed to properly investigate Egan’s claim before denying it.

 

Greguhn v. Mutual of Omaha Insurance Company

 

Greguhn purchased a disability insurance policy with Mutual of Omaha. The disability insurance policy entitled Greguhn to monthly benefit payments for as long as Greguhn was unable to work. After a year of payments, Mutual of Omaha (along with the other co-defendant insurer) stopped paying Greguhn; they argued that he was able to continue working.

 

Greguhn sued. The trial court ruled in Greguhn’s favor, ordering Mutual of Omaha (and the other company) to pay the money past due under the terms of the policies. In addition, the court found that Mutual of Omaha (and the other company) breached their contracts with Greguhn. The appeals court upheld the judgment.

What Isn’t Generally Covered by Mutual of Omaha Disability Insurance?

Understanding what Mutual of Omaha categorically excludes is important. Your awareness of the exclusions and limitations can help you pick plans that work for you and avoid companies that will not cover you when you need them most. Mutual of Omaha provides the following general exclusions and limitations— for various versions of their plans and policies:

 

Exclusions and Limitations-

Mutual of Omaha will not pay benefits for:

  • Loss that begins while this policy is not in force;
  • Loss resulting from an act of declared or undeclared war;
  • Loss sustained while serving in the armed forces (upon notice to us of entry into the armed forces, the unearned portion of the premium will be refunded);
  • Loss caused by intentionally self-inflicting injury;
  • Loss resulting from commission or attempted commission of a felony;
  • Loss caused by suicide or attempted suicide, while sane or insane;
  • Loss resulting from you being legally intoxicated or under the influence of an illegal substance or a narcotic (except for narcotics given on the advice of and taken as prescribed by a Physician);
  • Loss for which benefits are provided under any state or federal worker’s compensation, employer’s liability, or occupational disease law;
  • Loss resulting from substance abuse; or loss resulting from mental or nervous disorders.

 

Exclusions and Limitations-Short-Term Disability Income Insurance

Exclusions and limitations are generally identical to the long-term exclusions and limitations above.

 

Exclusions and Limitations-Accident Only Disability Income Insurance

Mutual of Omaha will generally not pay benefits for:

  • Loss that begins while this policy is not in force;
  • Loss resulting from an act of declared or undeclared war;
  • Loss sustained while serving in the armed forces (upon notice to us of entry into the armed forces, the unearned portion of the premium will be refunded);
  • Loss caused by intentionally self-inflicting injury;
  • Loss resulting from commission or attempted commission of a felony;
  • Loss caused by suicide or attempted suicide, while sane or insane;
  • Loss resulting from you being legally intoxicated or under the influence of an illegal substance or a narcotic (except for narcotics given on the advice of and taken as prescribed by a Physician);
  • Loss resulting directly or indirectly from disease or bodily infirmity; or
  • Loss for which benefits are provided under any state or federal worker’s compensation, employer’s liability, or occupational disease law.

 

Exclusions and Limitations- Business Overhead Expense Disability Income Insurance

Mutual of Omaha will generally not pay for benefits for:

  • Loss beginning while the policy is not in force;
  • Loss resulting from suicide while sane or insane;
  • Loss resulting from air travel sustained while a passenger (not as a pilot or member of the crew), for transportation only;
  • Loss caused by an act or declared or undeclared war;
  • Loss sustained while in an armed service (upon notice to the Company or entry into such service, the pro rata premium will be refunded);
  • Loss sustained in a normal childbirth, normal pregnancy or voluntary induced abortion.
  • Loss that results from being under the influence of any narcotic unless administered on the advice of a physician.

What Happens if Mutual of Omaha Wrongfully Denies Your Individual or Long-Term Disability Insurance Claim?

If Mutual of Omaha denied your claim, the statute of limitations clock is running for your appeal and/or lawsuit. You must act quickly, or you will risk running out of time to appeal or sue on your disability insurance denial—possibly foreclosing your ability to receive benefits for your claim permanently. You should talk to an experienced disability insurance lawyer or ERISA attorney if you have any questions.

Your appeal options for your disability insurance denial may depend, in part, upon who provides your disability insurance. For instance, if your employer provides your group disability insurance, you may need to appeal your denial through an administrative process before you are permitted to file an ERISA federal lawsuit. If you are required to administratively appeal or if you are unsure and unfamiliar with what to do talk with an experienced insurance attorney who also handles ERISA cases that can help you navigate your rights and remedies.

DarrasLaw can help, whether you face negotiations, arbitration, an administrative appeal, or a formal lawsuit. We hold major insurers, like Mutual of Omaha accountable for bad faith practices resulting in long-term disability insurance claim denials.

Our Disability Insurance Lawyers Can Help

At DarrasLaw, our disability Bad Faith insurance attorneys use their 100+ years of claim and litigation experience to fight for our disabled clients. Our clients often ask us to:

  • Explain the terms and provisions of their policies
  • Make sure the occupational description, and physical/mental demand information is accurate
  • Ensure that all medical evidence is evaluated properly
  • Fight for full payment of their valid claim
  • Identify violations of your rights under the Employee Retirement Income Security Act (ERISA) or consumer Bad Faith laws.
  • Ensure that any company-required doctor exams are with physicians in the correct medical specialty and training
  • Help you prepare your initial claim forms and meet proof of loss requirements
  • Make sure that your doctor’s chart notes fully describe your disability and show why you cannot work

Our disability insurance attorneys do these things and more in our varied efforts to get you the benefits that Mutual of Omaha promised in its group or individual disability policy.

How Do I Afford a Top-Rated Disability Insurance Lawyer?

An unexpected period of disability often results in immediate financial hardships. For this reason, many disabled people find themselves in a Catch-22: needing to hire a disability insurance attorney or ERISA lawyer to fight for their coverage while lacking the money to actually cover the costs of attorney fees.

 

If you find yourself in this financial bind, don’t worry! At DarrasLaw, we take all of our disability cases we choose to represent on a contingent fee basis. This means that you do not pay us up front and we do not collect fees unless we resolve your case successfully.

 

We cover all up-front costs associated with your case—including medical evaluations, investigations, and costs. We hope to help as many disabled people as we can. This contingent-fee arrangement helps ensure people who need an experienced disability insurance lawyer or ERISA attorney can get one.

Call DarrasLaw After Problems With a Mutual of Omaha Disability Insurance Claim

Our firm consists of seasoned, experienced and compassionate disability insurance attorneys and ERISA lawyers, as well as an expert support staff. We know that being unable to work is a source of great stress. Facing additional challenges because your legitimate claim was wrongfully delayed or denied just adds problems that could interfere with your long-term recovery. Clients rely on us to not only take care of the day-to-day claim requirements but to recoup all of their disability benefits.

To learn how we can help with your Mutual of Omaha disability claim, contact our disability insurance lawyers for a free policy analysis or claim consultation. Our nationally renowned disability insurance lawyers evaluate Mutual of Omaha claim denials throughout the United States. Call us at (800) 458-4577 for your free consultation.

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Why Choose DarrasLaw?

We believe our clients, and we fight hard every day to ensure they are not bullied by billion dollar insurance companies.

Call our experienced, top-rated national disability attorneys at 800-458-4577 or send us an email.

We offer free consultations on all insurance matters, including free policy analysis and free claim help.

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