Fighting for a Coal Miner & His Long-Term Disability Claim in Court

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We’ve got an interesting story to share about a court case involving a coal miner from Southwest Virginia. This case is really important for people dealing with long-term disability claims, and it was handled by the long-term disability team at Ben Glass Law in the Third Circuit Court of Appeals.

What Happened to this Coal Miner from Southwest Virginia?

This case is about a coal miner who had a tough time getting his disability claim accepted. The miner’s former employer forced him to file his lawsuit in Pennsylvania, far from his home. We were able to handle his case along with counsel from Pennsylvania.

What the parties were arguing about.

Long-term disability attorney Ben Glass argued this case in the Third Circuit Court of Appeals. The coal miner had been out on disability for several years before his employer’s long-term disability plan found that he had “recovered” enough to go back to work, even though everyone agreed that he could no longer do the duties of a coal miner.

Job Evaluations and History: A big part of the case was about understanding the miner’s job and history. It’s important to get these details right to decide if someone should get disability benefits.

Job Title Mistakes: There was also a discussion about how mistakes in identifying a personโ€™s job can cause problems. These mistakes can make it hard to figure out if someone can work or not. Again, everyone agreed that the defendants had used the wrong job description when it decided the miner could go back to work.

Medical Reports and Reviews: Another important topic was the medical evidence. The court looked at how doctorsโ€™ reports and reviews play a big role in deciding disability claims. None of the doctors the employer’s plan used to terminate the claim ever examined the claimant.

Social Media in Court: An interesting part of the case was about using social media posts as evidence. The court talked about whether it’s fair to use what people post online to decide on their disability claims, especially when the social media “evidence” the company relied on was very non-specific, vague, and didn’t even show the claimant engaged in any activities.

Improper Social Security Offsets: there is a discussion in this case about how the employer improperly reduced the disability payments it did pay (before terminating them) and how it likely was doing that to all of its disabled miners.

Why This Case is Important for You

If you’re dealing with a disability claim, this case can teach you a lot. It shows how complicated these claims can be and why it’s important to have all the right information and evidence.

In the beginning, the claimant had a local lawyer who had helped him with his social security claim, but this lawyer was not an experienced ERISA long-term disability claim lawyer.

Need Help with Your Disability Claim?

If you’re struggling with a disability claim and need some help, our team at Ben Glass Law is here for you.

You can listen to the oral arguments and “see” Ben Glass at work here.

Client Testimonials

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5 Stars

Google Review

When the insurance company wrongly cancelled my sonโ€™s disability payments, we were scared and desperately needed help. A medical disability is frightening to experience and often overwh…

– Kelly Merenda

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5 Stars

Google Review

I cannot recommend BenGlassLaw enoughโ€”outstanding is truly an understatement! From the very beginning, the entire team has been exceptional, thoughtful, and highly responsive. They made…

– Cairo Times

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5 Stars

Google Review

I received an excellent recovery for my car accident. I was struck while riding my bicycle in a bike lane. Thankfully my injuries were not permanent. Melissa and Allie were able to give…

– Shay Glass

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5 Stars

Google Review

I can not thank Lisa and Tammy enough! Lisa came highly recommended. She took on Progressive and WON! They even found $75k in extra insurance I didnโ€™t even know I had! Total settlement …

– M M

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5 Stars

Google Review

It was a good experience dealing with people like Melissa and Allie and excellent service from them, very grateful to see me helped in the case of a car accident, thank you for your ser…

– Oscar Cuevas

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5 Stars

Google Review

Melissa and Autumn are the BEST! They made sure I was informed and updated through the entire process. With every question I had they had a honest answer for me. These ladies fought for…

– N. Westbrook Hicks

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Case Results

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$3 Million

Long-Term Disability Insurance Claims

High earning salesperson with โ€œstiff person syndromeโ€ awarded $10,000 a month in disability benefits

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Long-Term Disability

Global HR Business Partner suffering from Rheumatoid Arthritis has long-term disability benefits restored after Hartford Insurance denies disability claim

$1.4 Million

Long-Term Disability

After being injured in a car accident, a software engineer is awarded disability benefits on appeal after getting denied by the insurance company.

$1.3 Million

Long-Term Disability Insurance Claims

Fairfax County Special Education Teacher Now Eligible to Collect Nearly $1.3 Million in Disability Benefits Following Successful Long Term Disability Appeal

$1.2 Million

Long-Term Disability Insurance Claims

Sometimes the coolest companies to work for donโ€™t always have the coolest benefit plans.

$1 Million

Long-Term Disability

We fought for our client against an insurance company that ignored facts and terminated benefits on a very minuscule review.

$986,000

Long-Term Disability

A public school teacher was diagnosed with chronic lyme disease. Short term disability claim was denied when insurance company said she was misdiagnosed.

$947,394

Long-Term Disability Insurance Claims

CIGNA reinstates long-term disability benefits after Pro Se appeal denied. Second appeal is successful. Almost $1,000,000 in lifetime benefits

$761,380

Long-Term Disability

Long-Term Disability Client with Ankylosing Spondylitis Wins Against Prudential Disability Insurance

$750,000

Long-Term Disability

BenGlassLaw Long-Term Disability Team Wins Benefits for Physical Therapist Assistant ceased working due to a multitude of debilitating symptoms

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BenGlassLaw fights for wrongfully denied workers across the nation. 

Since 1995, BenGlassLaw has been helping sick, injured, and disabled workers fight unfair claim denials, get the benefits they paid for, and get their lives back on track. We are passionate about restoring our clientโ€™s denied benefits because insurance policies should be part of the solution, not a cause of additional stress. What makes our team unique?

  • Our Experience. We file more long-term disability appeals and lawsuits than any other firm in the Mid-Atlantic. (Source: Pacer, the official government site for Federal Court lawsuits) 
  • Our Leadership.  Our work in ERISA Law is recognized and respected across the nation. We speak at national events and teach other national disability attorneys about our own techniques and processes for handling ERISA and life insurance denials.
  • Ongoing Support. Once we get our clients back on claim, itโ€™s never them vs the insurance company again. For as long as our client receive benefits, we handle the insurance company โ€” which is why we manage over $33 million in future disability benefits on behalf of our clients.
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