The Prudential Insurance Company of America (Prudential) was sued in three separate cases in the Federal Courts of Missouri, Georgia, and Arizona for the wrongful termination of long-term disability benefits that are promised under the Employee Retirement Income Security Act (ERISA). In all three cases filed through the respective plaintiffs’ disability lawyers, Prudential is accused of denying the Plaintiffs the short-term or long-term disability benefits that were promised under the Plaintiffs’ respective plans.
The Missouri Case
In Mary J. Vs. The Prudential Insurance Company of America, a long-term disability lawsuit was filed by the Plaintiff against Prudential via a Missouri disability attorney in the Eastern District of Missouri Eastern Division. The Plaintiff had been employed full-time by Harrah’s Operating Company, Inc. (Harrah’s) since 2000, making her eligible for long-term disability benefits through Harrah’s Group Policy No. 42111 Plan. This Plan was insured by Prudential.
The Plaintiff ceased working in October 2007 due to degenerative arthritis of both knees and filed for long-term disability benefits. Prudential approved the claim on February 21, 2008. However, Plaintiff was notified on September 23, 2009 that she would no longer receive long-term disability benefits after February 20, 2010.
Plaintiff appealed the denial on February 9, 2010, but Prudential upheld the denial on August 30, 2010. Due to exhausting all administrative remedies, Plaintiff has filed this lawsuit against Prudential.
The Georgia Case
In Deborah D. Vs. The Prudential Insurance Company of America, Plaintiff was employed as a Program Manager by DRS Technologies, Inc., which provided both short-term and long-term disability benefits via an insurance plan that was insured and paid for by Prudential.
Plaintiff became disabled on or about August 23, 2010, leading to her filing a timely short-term disability claim, along with medical documentation, with Prudential. Prudential initially approved the STD claim and paid Plaintiff through October 24, 2010.
However, beginning October 24, 2010, Prudential terminated Plaintiff’s benefits on the basis that it had not received enough medical information to continue providing STD benefits. Plaintiff appealed this termination, but via letter dated March 7, 2011, Prudential upheld its original denial.
On September 2, 2011, Plaintiff again appealed and provided additional medical and vocational information to support her claim. However, on October 6, 2011, Prudential upheld its previous denials and declared that this decision was its final decision on the Plaintiff’s claim. Plaintiff has exhausted all administrative remedies and has filed this lawsuit against Prudential.
The Arizona Case
In Gerard L. Vs. Prudential Insurance Company of America and Anheuser-Busch Companies, Inc. (Anheuser-Busch), Plaintiff was employed by Anheuser-Busch as a local employee until on or about March 31, 2009 when he became disabled and unable to work as a Senior Manager of Accounting due to serious medical conditions. This employment enabled the Plaintiff to be covered under Anheuser-Busch’s group long-term disability insurance policy, which was funded by Prudential.
Plaintiff filed a disability application for Total and Permanent Disability and Group Life Insurance benefits under the terms of the Plan. Prudential denied his claim via letter dated December 14, 2010. Plaintiff filed an appeal of this decision and submitted additional medical evidence to support his claim. This included an Independent Medical Evaluation performed on January 26, 2010 that stated that Plaintiff would be unable to work for at least the next 12 months. In addition, Plaintiff applied for and received Social Security Disability benefits through the Social Security Administration.
Despite the additional evidence, Prudential upheld its original denial via letter dated March 23, 2011. Plaintiff again filed an appeal and submitted additional medical evidence. Prudential issued a final denial via letter dated August 1, 2011. Plaintiff has exhausted all administrative remedies and has filed this lawsuit against Prudential.
Relief Requested From The Lawsuits
In the three aforementioned cases, the Plaintiffs seek the following relief from Prudential in their lawsuits:
- Prudential pays all benefits that are owed to the Plaintiffs, along with accrued interest
- Prudential reinstates the eligibility of Plaintiffs to receive future benefits for as long as they remain eligible to receive such benefits as defined by the terms of their respective Plans
- Prudential pays all attorneys’ fees
- Prudential pays all associated court costs
- Prudential pays all other relief that the Court deems 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. To request a free legal consultation call 800-698-9162.