Elliott v. LINA, 2019 WL 2970843 (N.D. Cal. July 9, 2019)
Jul 09, 2019
OUTCOME: Judgment for my client
ERISA long term disability case in which LINA/Cigna was found to have wrongfully denied benefits to claimant suffering from trigeminal neuralgia. This condition caused disabling pain.
Employee benefits
Dmuchowsky v. Sky Chefs, Inc., 2019 WL 1934480 (N.D. Cal. May 1, 2019)
May 01, 2019
OUTCOME: Award of attorneys' fees and costs
Recommendation to award my client over $100,000 in attorneys' fees.
Insurance
Holmgren v. Sun Life and Health Ins. Co., 2018 WL 6336043 (N.D. Cal. Dec. 5, 2018)
Dec 05, 2018
OUTCOME: Judgment for my client
Trial Judgment for Plaintiff involving disability due to back/hip/buttock pain of unknown etiology. Judge Gonzalez Rogers agreed with Mr. Brehm’s position on a wide swath of issues, new and old, that a...ppear in today’s ERISA long-term disability cases, including that social media activity was not evidence of work capacity, how pre-disability work performance reviews factor into a disability analysis, that surveillance is not always evidence of work capacity, how to evaluate subjective complaints of pain in the absence of an objectively verifiable cause for the pain, how to evaluate an insurer’s reliance on peer review opinions over examining physician’s opinions, and why physical “sedentary capacity” is not the equivalent to the ability to work a sedentary occupation).
Insurance
Harder v. Bristol-Myers Squibb Co. Long Term Disability Plan, 281 F. Supp. 3d 939 (C.D. Cal. 2017)
Dec 06, 2017
OUTCOME: Judgment for my client
Trial Judgment for Plaintiff in “full” abuse of discretion case involving disability claim due to depression, anxiety, PTSD, and physical disorders.
Employee benefits
Roberts v. Anthem Life Insurance Company, 2017 WL 2469354 (C.D. Cal. June 7, 2017)
Jun 07, 2017
OUTCOME: Ruling for my client
The Court agreed with Plaintiff's argument that Anthem had committed several procedural irregularities warranting a remand for further consideration of the claim.
Employee benefits
Leetzow v. Metropolitan Life Insurance Company, 2017 WL 1231719 (C.D. Cal. 2017)
Mar 03, 2017
OUTCOME: Award of attorneys' fees and costs
I asked the Court to have MetLife pay my attorneys' fees and the client's costs. The Court issued an order that MetLife had to pay me $550-$600 per hour for my work on the case AND pay all of my client...'s costs.
Employee benefits
Leetzow v. MetLife, 2016 WL 7324092 (C.D. Cal. 2016
Dec 05, 2016
OUTCOME: Judgement for my client
My client suffered from disabling migraines. MetLife agreed she had headaches, but said they were not disabling. At trial I proved MetLife was wrong and my client got her long term disability benefit d...enial overturned.
Insurance
LaVertu v. Unum Life Insurance Company
Mar 25, 2014
OUTCOME: Verdict for my client
ERISA long term disability trial where I got a judgment for my client involving a disability claim following three spine surgeries where I established that sedentary work requires more than "frequent" ...sitting as that term is defined by the Department of Labor. I also established that part-time work capacity was not a valid basis for terminating disability benefits under Unum's long term disability policy.
Insurance
Peterson v. AT&T Umbrella Ben. Plan No. 1, 2011 WL 5882877 (N.D. Cal. November 23, 2011)
N/A
OUTCOME: Judgment for Plaintiff
Trial Judgment for Plaintiff in self-funded, “full” abuse of discretion case involving chronic fatigue syndrome and attempts to adopt a child
Insurance
Porco v. Prudential Ins. Co. of America, 682 F.Supp.2d 1057 (C.D. Cal. 2010)
N/A
OUTCOME: Judgment for Plaintiff
Judgment for Plaintiff in case where it was proven Plaintiff was disabled due to back pain despite surveillance and vocational review findings