Long Term Disability Lawyer Sues Liberty Mutual on Behalf of Disabled Worker
Most employer group benefits long term disability insurance plans are governed by the Employee Retirement Income Security Act of 1974, more commonly known as ERISA. ERISA gives policyholders the right to appeal an insurance company’s decision to deny a claim for disability benefits.
The Employee Retirement Income Securities Act (ERISA)
ERISA applies to all employees benefit plans established or maintained by an employer engaged in commerce or by an employee organization representing employees engaged in commerce. A claimant challenging a disability denial under an ERISA governed plan or policy must follow ERISA regulations and procedures. All state law remedies are preempted, meaning they do not apply to an ERISA claim.
Marc Whitehead & Associates have represented numerous clients in ERISA lawsuits against the world’s biggest insurance companies. If an insurance company has unfairly denied your claim for disability benefits, contact the law offices of Marc Whitehead & Associates without delay. ERISA places strict deadlines and conditions for appealing an insurance company’s denial of benefits. Your chances of prevailing on appeal are greatly improved with the assistance of an experienced ERISA attorney like Marc Whitehead.
Marc Whitehead & Associates recently represented a 58-year-old employee of Safeway, Inc. who was living in Nevada when he became severely disabled while covered under a long term disability insurance policy issued and administered by Liberty Mutual.
One of the world’s largest insurance companies, Liberty Mutual has been selling group disability insurance to employers for over 60 years. They sell group coverage for both short term disability and long term disability. Short term disability provides benefits for up to 13 or 26 weeks; long term disability provides benefits for longer, typically up to age 65 or retirement age. Employees purchase these plans to provide cash benefits in the event they become too injured or ill to work.
Liberty Mutual has a long history of unfairly delaying and denying disability benefits. It’s an effective strategy — in a lot of instances disabled policyholders just give up on trying to get their LTD instead of speaking with an LTD disability denial lawyer.
The Social Security Administration Agreed Our Client Was Disabled
Our client’s debilitating medical conditions included osteoarthritis bilateral knees and spine, obesity, carcinoma, stress urinary incontinence, hypertension, hyperlipidemia, hypothyroidism, diabetes, anxiety and depression, colonic polyps, osteopenia and COPD. As you can understand, these impairments and their symptoms prevented our client from performing any work activities on a consistent basis.
The Social Security Administration issued a fully favorable decision on our client’s claim for Social Security disability benefits under Title II and Title XVI of the Social Security Act, finding that our client was “disabled” during the relevant time period.
Liberty Mutual Denied Our Client’s Claim
Liberty Mutual knew about the SSA’s decision, but ignored it. They turned down our client’s disability claim, informing him that he had exhausted all administrative remedies and they would consider no further claims or evidence. With no other options left, our client was forced to sue Liberty Mutual in federal court in order to get the disability benefits that he was rightfully owed. Marc Whitehead & Associates were there to help.
Suit was filed in federal court in the Northern District of Nevada pursuant to 28 U.S.C. § 1331 to our client’s rights under the ERISA, as allowed by 29 U.S.C. §§ 1132, 1133, & 1140.
We are happy to report that our client prevailed and was rewarded the disability benefits he was owed and deserved.
Don’t Give Up – National LTD Disability Denial Lawyers Marc Whitehead & Associates Are Here to Help!
Most people make the mistake of thinking they can handle the administrative appeal themselves and then hire a lawyer if they lose and have to file a lawsuit. This can lead to disaster. Liberty Mutual and other insurance companies employ a wide range of strategies designed to ultimately deny policyholders of their disability benefits. One of their favorites is to drag out the claims process as long as possible in an attempt to discourage and distract a policyholder into making a mistake or just giving up.
You only have a limited time in which to appeal and this will be your only chance to submit evidence into the record. Depending on your disability, putting together an effective LTD benefits denial appeal may take several weeks. The sooner you hire a lawyer to represent your interests, the better your chances of having your claim approved on appeal.
If your claim for LTD benefits has been denied by Liberty Mutual or another insurance company, contact the law offices of Marc Whitehead & Associates to schedule a free consultation with one of our LTD Disability Denial Lawyers. We’re eager to hear your story, answer any questions you may have and provide helpful legal advice on your best way to appeal a Liberty Mutual LTD benefits denial.