In Daniel C. Vs Reliance Standard Life Insurance Company, the Plaintiff has filed a lawsuit with the help of his Ohio Disability Lawyer for the termination of long term disability benefits that were promised under the Plan provided by Plaintiff’s employer, United Dairy Farmers, Inc. (UDF).

History of the Plaintiff

Plaintiff worked at UDF from 1988 to 2006, seven years as a Store Manager, six years as an Area Supervisor, and five years as a Zone Manager for multiple UDF stores. Plaintiff was earning a monthly salary of $5,441.67 when he was unable to continue his work duties due to complications from human immunodeficiency virus disease (HIV).

Plaintiff’s HIV led to his developing Acquired Immune Deficiency Syndrome (AIDS), as well as a related peripheral neuropathy of his lower extremities, which caused pain so severe that it required daily pain treatment with morphine, along with the multiple medications he needed to control his HIV.

Reliance approved Plaintiff’s application for long term disability benefits according to the terms of the Plan in February 2007, with an effective date for benefits of December 18, 2006. In November 2009, Plaintiff was approved for total disability benefits through the Social Security Administration, with an effective date of March 2007. Reliance continued to pay LTD benefits to the Plaintiff through October 24, 2010.

Reliance Cuts Plaintiff Off From Further Long Term Disability Benefits

Via letter dated October 11, 2010, Reliance informed Plaintiff that a review of his medical records determined that he could do work at a sedentary level. Based on this, Reliance terminated future long term disability benefits effective October 24, 2010.

Plaintiff appealed this decision and presented additional records and comment from his primary care physician, a board certified family practice physician and specialist in the treatment of HIV and AIDS. The doctor concluded that the Plaintiff could work no longer than four hours per day. Additionally, his pain from peripheral neuropathy was only moderately controlled by the multiple narcotic medications he took, but these medications also caused added fatigue and concentration problems.

Reliance hired an occupational medicine specialist to perform a file review and independent medical examination of Plaintiff in July 2011. The Reliance IME physician concluded there was not sufficient information in the clinical record to support the plaintiff’s doctor’s peripheral neuropathy diagnosis or to confirm that the Plaintiff was actually taking the prescribed medications that caused his reported side effects. The IME physician stated that the Plaintiff was capable of light demand level, full-time work "if motivated."

As a result, of this review and examination, Reliance rejected Plaintiff’s appeal on August 11, 2011. Due to the exhaustion of all administrative remedies, Plaintiff has filed this lawsuit against Reliance.

Basis of Lawsuit Against Reliance

Plaintiff claims that Reliance unfairly, wrongfully and arbitrarily denied Plaintiff’s claim for long term disability benefits despite the Plaintiff’s submission of medical evidence from his primary care physician, a qualified specialist in his illness, that established that the Plaintiff remains unable to perform the duties of any full-time occupation.

Plaintiff Seeks Following Relief From Reliance

Plaintiff wants the Court to provide the following relief from Reliance:

• All long term disability payments as defined by the terms of the Plan that have not been paid, along with accrued interest
• Consequential damages and costs associated with this lawsuit
• All reasonable attorney’s fees associated with this lawsuit
• All other relief that the Court finds proper and appropriate

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 800-411-9085.