A long-term disability benefits case involving a former professor from the University of Missouri System will go back to the trial court level after three appellate court judges overruled the initial decision regarding the case.
The former University of Missouri professor received a letter at the beginning of November 2009 informing him that he would no longer receive long-term disability benefits. The professor taught at the University for a period of time before leaving in 1999 because of a heart condition. The professor claims that his heart defibrillator causes painful shocks that prevent sleep, inhibit his ability to drive normally and prevent him from working.
The professor collected long-term disability benefits from the end of 1999 to November 2009, but according to the provider of the benefits the professor is no longer eligible because a doctor determined he was able to work.
The benefits provider informed the professor of the procedure to appeal the decision and informed him that a written request for review had to be made to the university or the provider within 90 days of receiving the letter.
The professor sent proof of his inability to work and request to the provider the same month he received the letter. The provider denied his request and informed him to appeal to the university using the same procedure.
Alan Olson writes this web-log to provide helpful information regarding long-term disability cases. He practices long-term disability law throughout the United States from his offices in New Berlin, Wisconsin. Attorney Olson may be contacted at [email protected] with questions about the information posted here or for advice on specific disability benefit claims.
The appellate court ruled that the professor should not have had to request the review process twice and sent the case back to the trial level to be reviewed again.
The professor is asking for his $998 a month benefits to be reinstalled.
Source: themaneater.com, “Former professor’s disability benefits lawsuit goes back to court,” Rich Miller, Aug. 26, 2011