Disability Benefit Claims Law Blog : Disability Benefits Lawyer & Attorney : Dell & Schaefer : Disability Insurance Claims Law Blog

An Alabama Claimant and her Alabama disability attorney filed suit against Liberty Life Assurance in the United States District Court for the Northern District of Alabama Northeastern Division. A former DIRECTV Group, Inc. employee, Juarlesa W. worked as a customer service representative and was fully vested in her company's Liberty Life Insurance Plan when she became disabled in January 2010.

Suffering from the "combined effects of several impairments, including cervical/lumbar degenerative disc disease, lumbar/cervical radiculitis, osteoarthritis, fibromyalgia, degenerative joint disease of the right shoulder, chronic pain syndrome, post-op knee arthropathy, hypertension, GERD, migraines, restless leg syndrome, and insomnia," Juarlesa W. and her disability attorney filed suit against the insurer on November 7, 2011 for denial of Juarlesa W.'s long term disability benefits.

Background of Alabama Claimant's Suit against Liberty Life

Approved for her short term disability benefits by Liberty Life, Juarlesa W. has an issue with only the denial of her long term disability benefits. After her short-term disability benefits expired, Liberty life began paying Juarlesa W. her long-term disability payments, but arbitrarily decided to terminate those payments in September 2010. The insurer asked for further information from Juarlesa W.' treating physician to further evaluate her disability claim. In response, Juarlesa W.'s treating physician submitted a letter in November 2010, confirming that Juarlesa W.'s condition remained the same, meaning the same as when Liberty Life approved Juarlesa W.'s disability claim and paid her disability benefits.

Ignoring Juarlesa W.'s physician's opinion as well as the insurer's own physician consultant, Liberty Life continues to stand by their opinion that Juarlesa W.'s is not disabled and denies her further disability benefits. According to the complaint filed by Juarlesa W.'s disability attorney, "Liberty Life redid its prior decision concluding that [Juarlesa W.] was no longer disabled for the very same reasons it previously approved her claim." In addition, the insurer has not provided any other evidence that would indicate that Juarlesa W. is not disabled. After appealing and losing all administrative challenges to Liberty Life's decision to terminate her long term disability benefits, Juarlesa W. hired a disability attorney to litigate her claim in District Court.

Disability Attorney States Case against Liberty Life

Offering up Juarlesa W.'s lengthy medical history as well as the opinions of her treating physician and Liberty Life's own evaluating physician, Juarlesa W.'s attorney claims that Liberty Life wrongfully terminated Juarlesa W.'s disability benefits in violation of the Employee Retirement Insurance Security Act of 1974 (ERISA) as well as in violation of Liberty Life's own policies. Consequently, Juarlesa W. and her disability attorney ask the District Court to:

• Review her disability benefits claim with Liberty Life;
• Award her all past due long-term disability benefits to which she is entitled;
• Reinstate Juarlesa W.'s claim to all present and future long-term disability benefits under her plan;
• Award her attorney's fees;
• Award Juarlesa W. interest on all past due disability benefits; and
• Further relief as is proper and just.

About the author: Gregory Michael Dell is an attorney and managing partner of the disability income division of Attorneys Dell & Schaefer. Mr. Dell and his team of lawyers have assisted thousands of long-term disability claimants with their claims against every major disability insurance company. Request a free legal consultation here or call 800-698-9162.

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Disability Blog & Cases:
At least five lawsuits were recently filed in Florida District Courts against Prudential for non-payment of disability benefits to deserving claimants

With at least five suits filed against them in July for denying disability benefits, Prudential Insurance Company of America has a lot of unhappy claimants in Florida.

Disability Blog & Cases:
California Consultant sues Northwestern Life Insurance Company for unpaid disability benefits

Northwestern Insurance beneficiary Todd W. and his California disability attorney‘s complaint against the insurer accuses Northwestern of breach of the Duty of Good Faith and Fair Dealing and Breach of Contract in response to its denial of Todd W.’s disability benefits.

Disability Blog & Cases:
Duke University Doctor sues UNUM Life Insurance Company for long term disability benefits

Dr. Karen M. and her North Carolina disability attorney filed a lawsuit against UNUM in the United Stated District Court for the Eastern District of North Carolina to acquire her long term disability benefits. The beneficiary of disability benefits under a plan provided through her employer Private Diagnostic Clinic PLLC at Duke University Medical Center, Dr. Karen ceased working as a general practitioner on February 23, 2007.

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Wanda N. and her North Carolina disability attorney filed a lawsuit in the United States District Court for the Eastern District of North Carolina Western Division, claiming that Liberty Life wrongfully terminated Wanda N.'s long term disability benefits in violation of the Employee Retirement Insurance Security Act of 1974 (ERISA) and other federal statutes.

In the suit, Wanda N.'s disability attorney petitions the District Court to rule in favor of Wanda N. by:

• Passing judgment against Liberty Life and obligating the insurer to pay Wanda N. her entitled disability income benefits from December 30, 2010 through the date of the judgment, plus pre-judgment interest;
• Passing judgment against Liberty Life and obligating the insurer to fulfill its future obligations to pay Wanda N. her monthly disability income benefits as long as she is eligible to receive them under the terms of her policy;
• Awarding Wanda N. attorney's fees and court costs at the discretion of the court; and
• Providing Wanda N. with any other "relief as the Court deems just and proper."

Claimant's Disability Benefits are Terminated by Liberty Life in Violation of ERISA

As an employee at Kidde Aerospace & Defense, a subsidiary of United Technologies Corporation, Wanda N. was enrolled in her employer's insurance policy benefit plan when she became disabled due to back pain in February of 2010. After receiving her short term disability benefits for six months and being approved for her long-term disability benefits in August 2010, Wanda N. discovered that her disability benefits would be terminated in December 2010. Apparently, the insurer concluded that Wanda N. was no longer disabled and believed that the previous evidence it had of Wanda N.'s disabled condition "no longer supported [Wanda N.'s] claim." On appeal of this decision, Wanda N. was denied.

Disability Attorney Presents Claimant's Case in Their Complaint

A Floater at Kidde Aerospace, Wanda N. "performed various jobs when co-workers were absent from work or when additional workers were required for a particular job." Prior to her work stoppage, Wanda N. had a two-year history of "lower back pain radiating into her buttocks and legs, with numbness and tingling in her buttocks and thighs." Wanda N. underwent surgery in an effort to relief her back problem in March 2010, with some improvement of her condition, but no complete resolution. On various medication and attending to her healing process through physical therapy, Wanda N. received short-term disability benefits from Liberty life through August of 2010. Still recuperating, Wanda N. then applied for long term disability benefits, provided the insurer with her a completed Physical Job Evaluation Form, and Liberty Life approved her long term disability claim with plans to re-evaluate her situation in November 2010.

In November, a Liberty Life physician, in dispute with Wanda N.'s treating physician, determined that Wanda N. could perform light-duty work. Unfortunately, the Liberty life physician ignored Wanda N.'s medical records, which explicitly described how much pain Wanda N. was in and that her activity level potential was far short of the requirements of her position at Kidde Aerospace. In response Wanda N. "submitted a one-page appeal to Liberty Life in January 2011" and "advised Liberty Life that she could not sit up straight in a chair, could not sit for more than 15 minutes at a time without pain, could not stand for more than 10 minutes without pain, could not bend over, she laid down in the afternoons with a heating pad to help with the pain, she was currently on Zanaflex, Vicodin, Neurontin and Mobic, she was not allowed to drive a car due to the medication she was taking, and she remained under the care of" two doctors.

After another Liberty Life physician concluded that Wanda N. could work, Liberty Life again denied Wanda N.'s appeals resulting in Wanda N. hiring a disability lawyer to fight for her disability benefits in District Court. 

About the author: Gregory Michael Dell is an attorney and managing partner of the disability income division of Attorneys Dell & Schaefer. Mr. Dell and his team of lawyers have assisted thousands of long-term disability claimants with their claims against every major disability insurance company. Request a free legal consultation here or call 800-698-9162.

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Disability Blog & Cases:
Question writer for Jeopardy/Sony Pictures files suit against Prudential

A California disability attorney and his client filed suit against The Prudential Insurance Company of America (Prudential) in the United States District Court Central District of California on October 28, 2011 for unpaid long term disability payments due per the terms of an employee disability insurance plan.

Disability Blog & Cases:
CIGNA under fire in Minnesota Federal Court for termination of claimant's disability benefits

Beverly S. and her Minnesota disability attorney filed a lawsuit against CIGNA in the United States District Court for the District of Minnesota in an effort to procure her entitled disability benefits.

Disability Blog & Cases:
Electrical assembly worker for Northrop Grumman files a complaint against UNUM for denial of long term disability benefits

Fifty-nine-year old, former Northrop Grumman Corporation employee Rita L. and her Utah disability lawyer filed suit against UNUM Life Insurance Company and her employer in Federal Court in Utah. Claiming that the UNUM Plan Administrator erroneously denied Rita her disability benefits, the complaint asks the District Court to right this wrong.

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On November 10, 2011, Liberty Life Assurance Company of Boston claimant, Dana E., and his California disability lawyer filed a complaint against the insurer in the United States District Court for the Northern District of California under the Employee Retirement Income Security Act of 1974 (ERISA) and 29 USC § 1132(a)(1)(B) in an effort to force the insurer to release his entitled disability benefits.

Dana E., age 55, was a Senior Local Sales Account Executive for Comcast, when he ceased working in compliance with his doctor's recommendation on July 25, 2009. At the time, Dana E. was suffering from fatigue, joint pain, skin lesions and photosensitivity caused by Lupus. Lupus, a chronic inflammatory disease, causes its victims immune system to attack healthy tissue that results in multiple debilitating symptoms.

Claimant and Disability Attorney File Complaint in California District Court after Denial of Disability Benefits on Appeal

As confirmed by his treating rheumatologists, Dana E. was disabled from performing the duties of his occupation in August 2009. Needing periodic rest due to fatigue and pain management, Dana E. became extremely limited in his daily activities and was unable to work the long hours of sitting at a desk that his Comcast position required. A Liberty life employee policy holder, Dana E. applied for longer term disability benefits, providing the insurer with sufficient medical corroboration of his disabled condition in addition to the recommendations from his treating physicians of his disabled condition. Dana E. received long term disability benefits until July 2011, at which time Liberty Life denied him further benefits. On appeal, the insurer continues to deny Dana E.'s claim, leading to the hiring by Dana E. of a disability lawyer to claim his entitled Liberty Life disability benefits.

Liberty Life Accused of Breach of Its Obligation to California Claimant

In the complaint, Dana E.'s disability lawyer alleges that Liberty life "breached its obligation under the long term disability plan by denying coverage for [Dana E.'s] disability payments" when he clearly meet s the requirements of eligibility. In the complaint, it is asserted that Liberty Life "arbitrarily and unreasonable relied on retained consultants'' opinions as opposed to [Dana E.'s] own treating doctors" when deciding to discontinue Dana E.'s disability benefits. Forced to retain the services of a disability lawyer to protect his rights, Dana E. and his attorney petition the District Court to rule against Liberty Life and provide compensatory damages, costs of suit, reasonable attorney fees, prejudgment interest on all back benefits, and "such other and further relief as the court may deem proper." 

About the author: Gregory Michael Dell is an attorney and managing partner of the disability income division of Attorneys Dell & Schaefer. Mr. Dell and his team of lawyers have assisted thousands of long-term disability claimants with their claims against every major disability insurance company. Request a free legal consultation here or call 800-698-9162.

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Disability Blog & Cases:
Office Depot employee files suit against employer and Aetna for unpaid disability benefits

An Office Depot employee and her Georgia disability attorney filed suit against her employer and Aetna Life Insurance for unpaid disability benefits on November 3, 2011 in the United States District Court for the Northern District of Georgia Atlanta Division.

Disability Blog & Cases:
New Jersey BankUnited employee files suit against Lincoln National

Robert B. and his New Jersey disability lawyer go to battle against The Lincoln National Life Insurance Company to retrieve Robert B.’s entitled disability benefits as promised in his employee disability benefits plan.

Disability Blog & Cases:
New Jersey claimant files suit against New York Life, Unum and Paul Revere for miscalculated disability benefits

William M. never suspected that should he need to make use of his disability insurance policy (which he had faithfully paid premiums on for years) that the promised disability benefits would be denied him when he needed them most.

A sales representative for Long Forms, Inc., President and part owner of Advanced Transportation Systems, Inc. and The Institute of Logistical Management as well as an hourly employee of Temple University as a Criminal Justice instructor, William was diagnosed with Hodgkin’s’ Lymphoma in 1997. Between January 1997 and February 1998, William underwent surgeries, biopsies, chemotherapy, and radiation to combat the progression of the disease.

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On August 24, 2011, a pre-screener for the Detroit Area Agency on Aging (DAAA) and her disability lawyer filed a lawsuit against Prudential Insurance Company of America in the United States District Court for the Western District of Wisconsin. According to their complaint, Della Davis and her Wisconsin disability lawyer allege that the insurer owes Davis:

• An acknowledgment of her disabled condition;
• Damages for losses of her benefits pursuant to her disability insurance plan with Prudential and the Employee Retirement Income Security Act of 1974 (ERISA);
• Reimbursement for costs, disbursements, prejudgment interest, actual attorney's fees and expert witness fees incurred in the prosecution of her claim; and
• Any other relief the Court "deems just and equitable."

Claimant Designated as Disabled by SSA

An employee covered by an employee insurance policy administered by Prudential for her employer the Detroit Area Agency on Aging, Davis worked at the DAAA from 2001 through 2006 when she succumbed to her medical conditions, ceased working and applied for her Prudential disability benefits. With years of documentation of her various ailments, Davis was awarded her claim. Initially receiving her entitled disability benefits, Davis was declared disabled by the Social Security Administration and awarded Social Security Income Disability Benefits (SSDB) retroactive until September 2006. Prudential, promptly, required Davis to repay the $1,310.28 in over-payment of benefits to correlate with her SSDB, which she complied with.

Filing of Lawsuit against Prudential in United States District Court of Wisconsin

Then, shortly afterward the SSDB award and over-payment notification, Prudential scheduled Davis to participate in an Independent Medical Evaluation (IME) in which the evaluating doctor stated that "there were no objective findings to support [Davis'] inability to perform activities." With reams and reams of medical documentation, doctor's letters, proof of surgery, and therapy, Davis found herself without disability benefits and without a premium life insurance waiver from Prudential when the insurer discontinued her disability benefits payments. Diagnosed with and treated for "cervical radiculopathjy, cervicalgia, herniated disks, degenerative disc disease, spondylosis and osteoarthritis, forminal stenosis, chronic thoracolumbar strain, degenerative changes in the lumbosacral spin, fibromyalgia, bilateral carpal tunnel syndrome ('CTS'), right shoulder pain with impingement syndrome, deltoid atrophy, arthritis of the left knee, sleep apnea, chronic fatigue syndrome, vertigo/imbalance disorder, and thoracic outlet syndrome," Davis had no other option but to file a lawsuit against Prudential to attempt to retrieve her disability benefits.

About the author: Gregory Michael Dell is an attorney and managing partner of the disability income division of Attorneys Dell & Schaefer. Mr. Dell and his team of lawyers have assisted thousands of long-term disability claimants with their claims against every major disability insurance company. Request a free legal consultation here or call 800-698-9162.

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A California disability lawyer has recently filed a federal lawsuit in a district court in California against Liberty Life Assurance Company of Boston (Liberty Life). The Plaintiff, Kimberly S., worked as a registered nurse at the University of California at Davis (UC Davis). Being employed by UC Davis, Plaintiff was covered by its Supplemental Disability Insurance Plan, which was funded and administered by Liberty Life.

In Kimberly S. v. Liberty Life Assurance Company Of Boston, Plaintiff has filed a lawsuit to regain the benefits that were abruptly and wrongly terminated by Liberty Life.

Case Facts Against Liberty Life

Plaintiff worked as a registered nurse at the University of California at Davis until on or around September 29, 2009, when Plaintiff suffered a loss compensable under the terms of the Plan. Due to physical sickness, she was unable to perform the material and substantial duties of a registered nurse, requiring her to take a disability leave. Plaintiff submitted a long-term disability claim to Liberty Life, which was approved and began taking effect on September 29, 2009.

Termination of Long-Term Disability Benefits By Liberty Life

Effective September 28, 2011, Liberty Life wrongfully terminated Plaintiff's long-term disability benefits. Liberty Life claims this was due to its conclusion that Plaintiff's disability was due to a mental condition, making the payment of benefits subject to 24-month benefit limitation period.

Lawsuit Filed Against Liberty Life By California Disability Lawyer

In this lawsuit, Plaintiff claims that Liberty Life committed the following wrongful actions against the Plaintiff:

• Improperly concluded that Plaintiff's disability was caused by a mental condition, not due to physical sickness
• Denied benefits that Plaintiff was entitled to under the terms of the Plan
• Plaintiff has suffered contractual damages under the terms and conditions of the Plan, and will continue to do so, as Liberty Life has not changed its position
• Plaintiff will suffer additional financial damage due to the loss of accumulated interest from unpaid benefits, other incidental damages, and out-of-pocket expenses
• Not providing Plaintiff with a prompt and reasonable explanation of the basis why it denied Plaintiff benefits despite medical evidence submitted to Liberty Life
• Unreasonably delaying payments to Plaintiff in bad faith when Liberty Life knows that Plaintiff's claim for benefits is valid under the terms of the Plan
• Failing to properly evaluate Plaintiff's claim for long-term disability benefits
• Applying the Policy terms in such a way as to limit the amount of financial exposure and contractual obligations that Liberty Life would be responsible for to the Plaintiff, thereby increasing its own profits in the process
• Forcing Plaintiff to file this lawsuit in order to obtain the benefits that are rightfully hers under the terms of the Plan

Plaintiff Seeks Following Relief From Liberty Life Via Court Ruling

Due to Liberty Life's actions against the Plaintiff, Plaintiff seeks following remedies from the Court:

• A judgment that requires Liberty Life to pay for full benefits that have not been paid, including accrued interest. This amount will be more than $3,000.00 per month
• A judgment that requires Liberty Life to pay all future interest so long as the Plaintiff meets the definition of disability as defined in the terms of the Plan
• A judgment that requires Liberty Life to pay for general damages stemming from mental and emotional distress. This amount will be in the sum of $1,000,000.00
• A judgment that requires Liberty Life to pay punitive and exemplary damages in the amount of over $5,000,000.00
• A judgment that requires Liberty Life to pay triple the amount of punitive damages
• A judgment that requires Liberty Life to pay all reasonable attorneys' fees related to this lawsuit
• A judgment that requires Liberty Life to pay all associated court costs
• A judgment that requires Liberty Life all other relief that the Court decides to be fair and just

About the author: Gregory Michael Dell is an attorney and managing partner of the disability income division of Attorneys Dell & Schaefer. Mr. Dell and his team of lawyers have assisted thousands of long-term disability claimants with their claims against every major disability insurance company. Request a free legal consultation here or call 800-698-9162.

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