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
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ERISA Disability Benefit Lawsuit Against Prudential Dismissed for Failure to File Timely
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
After submission of an ERISA disability appeal, when can I file an ERISA disability lawsuit?
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?
Illinois court rules in favor of Prudential, finding that claimant failed to provide objective evidence of his alleged vestibular disorder
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
This Week on DIAttorney.com (04/28/2012)
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…
This Week on DIAttorney.com (03/31/2012)
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…
This Week on DIAttorney.com (03/24/2012)
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…
Anheuser-Busch, Harrah’s, and DRS Technologies Employees Sue Prudential For The Wrongful Termination Of Short-Term Or Long-Term Disability Benefits
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…
This Week on DIAttorney.com (03/17/2012)
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…
This Week on DIAttorney.com (03/10/2012)
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…