The case of Dawna Lane v. Prudential Insurance Company is limited to a discussion by the Utah Federal District Court about whether or not Plaintiff’s ERISA lawsuit for long term disability benefits should be dismissed on the grounds of judicial estoppel. Although a reference is made to her suffering from “severe psychological conditions,” there is no discussion of her actual disability or conditions of employment.
Continue Reading Court Dismisses Plaintiff’s Disability Claim Against Prudential

In Thomas v. Prudential Insurance Co. of America, et al., plaintiff Thomas learned the hard way the importance of filing an ERISA lawsuit within the time frames established by the employer-sponsored disability benefits plan. Without even referencing the medical condition upon which Thomas based her claim for long-term disability benefits, a federal district court in Louisiana dismissed her lawsuit due to her failure to file it on time.
Continue Reading ERISA Disability Benefit Lawsuit Against Prudential Dismissed for Failure to File Timely

Federal law governing ERISA disability lawsuits requires claimants to submit an administrative appeal of the denial of benefits before they can file a lawsuit in the federal district court. In the recent case of Lewis-Burroughs v. The Prudential Insurance of America, et al., the plaintiff filed an administrative appeal and, according to Prudential’s own rules, consistent with federal law, the insurer had a maximum of 90 days to render its decision.
Continue Reading After submission of an ERISA disability appeal, when can I file an ERISA disability lawsuit?

An Illinois court rules in favor of Prudential and finds that the claimant failed to provide objective evidence confirming the existence of his alleged vestibular disorder. The court also gave greater weight to the opinions of the claimant’s treating specialists, and dismissed the contention of the primary care doctor that the claimant was disabled from working. Continue Reading Illinois court rules in favor of Prudential, finding that claimant failed to provide objective evidence of his alleged vestibular disorder

Disability Blog & Cases:
Kentucky Woman Wins Lawsuit Against Mutual Of Omaha Insurance

Claiming that her long term disability benefits were denied improperly under the Employment Retirement Income Security Act of 1974 (ERISA) and 29 U.S.C.§ 1001, et. seq., Nancy C. and her Kentucky disability lawyer filed a disability lawsuit against her employer and disability insurer alleging that the denial of her long-term disability benefits by the insurer was “arbitrary and capricious” and constituted a “breach of fiduciary duty and/or bad faith” on the part of the defendants.


Disability Blog & Cases:
Prudential Claimants Unsuccessful At Challenging The Offsetting Of Dependents’ SSDI Benefit Award

Challenging the calculation that Prudential Insurance Company made when reducing their private benefit payments, Kathleen Schultz and Mary Kelly filed a class action lawsuit in hopes of receiving a positive, definitive decision concerning their claims.

Resolved Cases:
AT&T Employee Dealing With Sedgwick Has Horrible Disability Benefit Claim Experience

Our client, an AT&T employee for more than 40 years became disabled and unable to do her job due to cervical myeolapathy neck pain, chronic headaches and a torn rotator cuff in her shoulder. Her claim for short term disability benefits under the AT&T disability benefits plan has been nothing but a “headache”. AT&T hires Sedgwick Claims Management to handle the administration of all disability benefit claims.


Disability Blog & Cases:
KeyCorp District Manager Sues The Prudential Insurance Company Of America For Improper Termination Of Long-Term Disability Benefits

A New York attorney recently filed a federal lawsuit against The Prudential Insurance Company of America (Prudential). The Plaintiff, Gaye D., was employed by KeyCorp as a District Manager/Area Retail Leader. Her employment enabled Plaintiff to be covered by KeyCorp’s long-term disability Plan, which was funded by Prudential.


Disability Blog & Cases:
DRS Technologies Employee Sues Prudential For The Wrongful Termination Of Long-Term Disability Benefits

An attorney from California recently filed a federal lawsuit against The Prudential Insurance Company of America (Prudential). The Plaintiff, Brian W., was employed as a Field Technician by DRS Technologies, Inc. (DRS). This employment entitled the Plaintiff to short-term and long-term disability benefits under DRS’ Disability Plan.


Disability Blog & Cases:
Court Compels Metlife To Reconsider Its Decision To Terminate Claimant’s Long-Term Disability Benefits

The United States District Court for the Southern District of New York recently held that MetLife’s decision to deny benefits to a Plaintiff was unreasonable and ordered MetLife to reconsider Plaintiff’s Long Term Disability claim.


Disability Blog & Cases:
Unum Tries To Hide Fact That Its “Independent” Medical Advisors Are Actually Employees Of Unum

This case sheds light on some of the questionable practices that some disability companies engage in when reviewing a disability claim.


Disability Blog & Cases:
Unum CEO Testifies At US Senate Hearing About Disability Insurance

On March 22, 2012, UNUM insurance company’s CEO Tom Watjen spoke at a United States Senate Committee hearing about the value of disability insurance coverage for individuals and the need for the private disability insurers and the government to work together in order to offer the coverage to more employees.

Disability Blog & Cases:
Microsoft Employee Sues Prudential For Wrongful Denial Of Long-Term Disability Benefits

A Washington lawyer just filed a federal lawsuit against The Prudential Insurance Company of America (Prudential). The Plaintiff, Jewel T., worked as an Escalation Specialist for Microsoft. This employment entitled to the Plaintiff to short-term and long-term disability benefits via Microsoft’s Group Disability Insurance Plan that was funded by Prudential.


Disability Blog & Cases:
Toyota Quality Assurance Monitor Sues Life Insurance Company Of North America For Denial Of Long-Term Disability Benefits

A disability attorney in the state of Indiana recently filed a federal lawsuit in Indiana against Life Insurance Company of North America (LINA) and Toyota Motor Long-Term Disability Plan (Toyota). The Plaintiff, Julie S., was employed by Toyota as a Quality Assurance Monitor, which made her eligible for Toyota’s long-term disability plan, which was funded by LINA.


Disability Blog & Cases:
Illinois Insurance Law Gives Claimant A Fighting Chance Against Disability Insurance Company

An Illinois district court refused to let Hartford, a disability insurance company, evade an Illinois law, which was enacted to protect consumers. The law was passed to basically “level the playing field” for insurance companies and the consumers that rarely have a fighting chance against these corporate giants.


Disability Blog & Cases:
Pennsylvania Court Awards STD Benefits And $27,000 In Attorneys’ Fees To Phlebotomist

A Pennsylvania court recently awarded $27,000 in attorneys’ fees to Ms. G. after she and her disability attorney won a judgment against Life Insurance Company of North America (“LINA”) also known as CIGNA for short-term disability (“STD”) benefits. This case is a good discussion of the analysis a court will go through in order to award attorney fees to a prevailing disability insurance claimant.

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.

Disability Blog & Cases:
Clopay Corporation Customer Service Representative Sues Prudential For The Wrongful Denial Of Long-Term Disability Benefits

An attorney recently filed a federal lawsuit in the Ohio district court against The Prudential Insurance Company of America (Prudential) and Clopay Corporation Long-Term Disability Coverage (Clopay). The Plaintiff, Kimberly G., was employed as a Customer Service Representative at Clopay Corporation, providing her with short-term with Principal Financial and long-term disability benefits with Prudential.


Disability Blog & Cases:
Asurion Employee Files Lawsuit Against Life Insurance Company Of North America For Wrongful Termination Of Long-Term Disability Benefits

A lawyer from Colorado just filed a federal lawsuit in Federal Court of Colorado against the Life Insurance Company of North America (LINA). The Plaintiff, Carl E., was employed by Asurion. This made the Plaintiff eligible and covered by a group disability insurance plan provided by Asurion and administered and funded by LINA.


Disability Blog & Cases:
Court orders Life Insurance Company of North America to pay claimant long-term disability benefits

After failing to pay a LINA disability policyholder his entitled disability benefits the insurance company was forced by a New York court to follow through with its contractual obligations. Curt, a former employee of BorgWarner Morse TEC Inc. received long-term disability benefits under the group insurance policy issued by LINA. LINA later concluded the BorgWarner employee no longer met the definition of disabled under the policy and terminated his benefits.

Disability Blog & Cases:
Employees of Staples & Nortel Networks among Four Plaintiffs To Sue Prudential For Wrongful Denial Of Long-Term Disability Benefits

The Prudential Insurance Company of America (Prudential) had four different lawsuits filed against it by four Plaintiffs in the District Courts of South Carolina (2 cases), New York, and West Virginia. In all four cases filed via the respective Plaintiffs’ disability lawyers, Prudential is accused of wrongfully denying or terminating the Plaintiffs’ claims for long-term disability benefits as promised under their respective plans and by ERISA.


Disability Blog & Cases:
Kirk & Blum/CECO Environmental Employee Files Lawsuit Against Lincoln Financial Group For Wrongful Termination Of Long-Term Disability Benefits

An attorney has filed a Federal disability lawsuit in Ohio Federal Court against Lincoln Financial Group (Lincoln). The Plaintiff, George P., was employed by Kirk & Blum, a subsidiary of Ceco Environmental, as a metal fabricator. This employment enabled the Plaintiff to be covered by a group insurance policy provided on behalf of Ceco Environmental employees and insured by Lincoln.


FAQ: Overpayment Issues:
Can a disability company sue me to recover an SSDI overpayment?

This case shows how a long-term disability insurance company can claim an overpayment once a claimant is approved for social security disability income benefits.


Disability Blog & Cases:
Hartford Disability Denial of Insurance Agent with Fibromyalgia and Chronic Fatigue is Reversed

A Utah Federal Judge reversed a Hartford long term disability insurance benefit denial on the basis that it was “unreasonable and, thus, arbitrary and capricious”. The judge’s opinion in this case is a great victory for disability insurance claimants disabled by Fibromyalgia or by…


Disability Insurance Law TV:
Episode 24: Top Five Reasons for Disability Insurance Denials

Nationwide Disability attorneys Gregory Dell and Rachel Alters discuss the top five reasons that Disability Insurance Claims are denied. The information in this video applies to both ERISA and Non-ERISA disability insurance policies.