If sufficient medical evidence absent, consider vocational skill level

Workplace Issues

By Mark D. DeBofsky

Mark D. DeBofsky is a name partner of DeBofsky, Sherman & Casciari P.C. He handles civil and appellate litigation involving employee benefits, disability insurance and other insurance claims and coverage, and Social Security law. He can be reached at mdebofsky@debofsky.com.

Posted May 24, 2017 1:18 PM

Many disability insurance policies evaluate an insured’s earning capacity to determine entitlement to benefits. For an insurance company to be able to assess earning capacity, the insured’s education and work experience are critical factors.A recent ruling from the federal court in Chicago, Contreras v. United of Omaha Life Insurance Co., 2017 WL 1493701 (N.D. Ill., April 25), overturned a disability benefit denial when it found United of Omaha failed to properly address Ramona Contreras’ potential …

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