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Attorneys for Liberty Mutual Disability Claims


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Liberty Mutual Insurance Company also known as Liberty Life Assurance of Boston is a short term and long term disability insurance company that likes to play hardball with your disability benefits. We often think that Liberty forgets they are making claim decisions which will substantially impact a person’s ability to financially support themselves or their family.

Liberty Mutual is no stranger to the Federal Courts as they are sued numerous times every years as a result of unreasonable disability claim denials. On any given day our law firm has multiple Liberty Mutual Appeals and lawsuits pending on behalf of clients located throughout the country.

Whether you are applying, appealing or need to file a lawsuit against Liberty Mutual, call us for a free phone consultation.

Five Reasons Liberty Mutual Disability Denials Are Common

The majority of the Liberty Mutual disability policies are governed by ERISA. This means that a claimant must be able to prove that Liberty acted unreasonably in order to reverse a claim denial. Pursuant to ERISA regulations, a judge is required to give deference to the insurance company.

Please watch some of our ERISA disability videos to learn more about how ERISA relates to disability claims.

Due to the high number of Liberty Mutual disability denials we have identified the following routine reasons for claim denial:

  1. Liberty fails to take into consideration the pre-disability occupational duties of the claimant. Instead, Liberty will give the job a classification such as sedentary and make a determination that if a claimant can sit for 4-6 hours a day, then they must be able to do their job. Unfortunately, Liberty fails to take into consideration that even a sedentary job requires a person to think without disruption. Pain is a disabling factor that prevents most people from being able to focus and effectively do their job. Liberty will commonly argue that pain is subjective and there is insufficient medical documentation to support your level of pain.
  2. Liberty relies very heavily on video surveillance to deny claims. Please watch our Liberty Mutual video to learn more about this.
  3. Liberty will often argue that a person does not have sufficient objective evidence such as an MRI, CT SCAN or X-ray to support the subjective complaints of pain. There are many medical conditions such as fibromyalgia, back and neck disorders, chronic headaches, and chronic fatigue in which diagnostic testing can never reveal an individual’s level of pain. Liberty essentially creates an artificial burden which a claimant can never satisfy.
  4. Liberty will hire a medical doctor to review the medical records only and never examine the claimant. We always find it hard to understand how a doctor reviewing medical records only can make a determination about an individual’s ability to work 8 hours a day. In many cases we have seen Liberty violate ERISA by relying on the wrong type of medical specialist to review a claim.
  5. Most Liberty mutual disability policies change to an “any occupation” definition after 24 months of payments. In most cases Liberty will make a determination that there it at least one job that a claimant could perform.

Liberty Mutual Disability Cases, Complaints And Videos

We are always trying to provide as much information as possible in order to educate and manage the expectations of Liberty Mutual disability claimants.

On our website you can review some of our Liberty Mutual Videos featuring attorneys Gregory Dell, Stephen Jessup and Rachel Alters. You can also read short articles discussing Liberty Mutual disability lawsuits and court opinions nationwide. Lastly we invite you to post your comments, complaints, or questions about Liberty Mutual on our website so that other Liberty policy holders can learn from your experiences.

Contact us privately if we can assist you with your disability claim anywhere in the country.

There are 81 opinions so far. Add your comment or complaint now.

Cheryl:

If you work for Liberty Mutual & you get sick & need to utilize their benefits – be aware, they are known for denying the disabled – they are in the practice of clouding there policy (management of claims) by personal feelings – they are manipulators & use false advertising, “Responsibility, What’s Your Policy”. I recommend retaining an attorney during the claims process – they will do what they can to make your life miserable & not even think twice – about it. FYI: If you do RTW after a disability – they are not cognizant that some progress was made, the obvious reason for RTW, however don’t think for a second they will be empathetic (even on the first day) – you can forget about the treatment that was somewwhat helpful while not working – consider it a figment of your imagination, you’ll be starting from scratch – what a waste – mentally, physically & financially… don’t inerpret courtsesy payments as a courtsesy – if you’re denied disability – they will snatch it from you! Which is not indicated in the contract/policy – total conflict of interest. LM is not what you think it is – while working there – you’re being brainwashed, you will be schocked. Start contacting attorneys & TV stations – if you have been wronged! The public needs to know – they will manipulate there way out – however, it’s important to let it out – for your own sanity!

Marie:

We must have worked for the same center! I always praised Liberty “what a great company to work for”! But now, I know first hand. They are so nice while DENYING everything about your claim. It’s true they twist their policy hoping you go broke and have to go back to work. They will not pay claims even if your in a coma with not chance of survival. But they will deny the claim politely and with a smile.

Shaida:

We believe that when we buy additional insurance for LTD, we expect to be treated fairly regardless of our current physicial and mental situation. We think we are protected by buying additional insurance; it’s false: they will take our money and when we need help they will deny everything just to pay us back. We don’t get sick on purpose, it will happen. Liberty Mutual put in so much of stress, pain, that I am going through major depression. They have no remorse when an ill person needs help. It makes me think how much of a croak they are. When it’s time to give, they will take, when it’s time to give, we are the victim. This is not right. I have been going under so much financial stress ’cause of Liberty Mutual. Its my body and I know the pain and aches I go through. I am not fit to go back to my job, and they are forcing me to go back. They have denied my claim twice and I don’t know what to do next.

Attorney Greg Dell:

Shaida,

You need to appeal your denial and preserve your rights. Don’t stop fighting for your claim as this is what Liberty Mutual wants you to do. We help claimants with appeals and if you have not already contacted us, we can let you know immediately if we can assist you.

Richard:

This is interesting, got denied by them. The way they forced me to grab info from doctor’s it came out like my doctor’s felt I was just a lazy bum. Letter looked like my doctors were on their side. After I got letter I went and talked to doctors who all gave me letters recommending disability pretty emphatically. Don’t know if it’ll do any good at this point, but helps me. I’d worked through very traumatic experience with my wife’s health to get company project done and ended up losing 40 lbs., diagnosed with depression and back problem which has me more than a bit scared.

My work ethics are killing me (according to psychologist who says I’ve been working right through health issues because of my strong work ethics when I should have retired years ago) and old back injury I thought was probably suffering from failed operation has been joined by more but separate issues like cysts, another herniated disk, etc. But LM doctor says that’s normal for someone my age (60). That’s kind of scary, wonder what it looks like for 70.

I’m an old computer nerd who learned to ignore pain cause work seemed more important but I can’t tell you how much it hurts when they pretty much say your just a bum when you’ve been working nights on your own time for years to make things work, been granted big bonus’, etc..

Guess reward for hard work just isn’t what used to be, huh.

LIsa Rucker:

Hello,

My name is Lisa and I have been on LTD since 2006. When I went out on disability it was for pain management. While I was waiting for an appt. my job terminated me on FMLA. I sued them and won and my LTD has been in effect. The plan terms state until I am 65 yrs old and I am now 48yrs old. Liberty Mutual decided to get Basset Law Firm to fight for my SSI benefits, and within 5 minutes of being in the court, the GI specialist got on the phone and stated that I was disabled the second I walked out of the door from my IBS, Acid Reflux, Twisted Colon, GERDS, etc, . So they granted me long term disability due to that instead of the fibromyalgia, co-morbid nerve damage, chronic pelvic pain, bone surr off left hip, L4-6 attached to pelvic bone and tilted pelvis, etc… Well after 7 years of sending in their yearly claim form that I had my pain clinic md fill out, I decided to give this form to my gi specialist since they just did procedures and found polyps and internal hemmoriods and ulcers. I then received a call from my md stating that Liberty Mutual is requesting additional information for restrictions. So I call my case manager and her manager inquiring about this explaining that the Federal Govt found me to be totally disabled due to my digestive disorder. I asked them “WHAT is a GI MD supposed to put down as restrictions?, no milk?, no cheese?” And Lynn the manager kept yelling at me stating they need to know “WHO is keeping me out on disability?, WHAT MD told you that you can’t work?” She stated they need to know the limitations or my claim might be denied. I told her that she needed to look through my big file and find the letter from the Federal Govt and leave my GI specialist alone. I have been threatened that I can loose my benefits if they do not list restrictions. HOW CAN YOU LIST RESTRICTIONS FOR GI? I feel like I am being harrassed and the stress is killing me. I have done all my due dilegence but it seems like Liberty Mutual wants to cut me off and I know there is something wrong here.

Can anyone please help and tell me what my rights are at this point please?

Attorney Stephen Jessup:

Lisa,

Unfortunately, entitlement to disability insurance benefits is a month to month evaluation and as such the carrier can request updated claim forms and information on a month to month basis. Additionally, the policy most likely contains language that you have to be under the regular care/treatment of a physician for your condition in order to receive benefits. Your doctor will have to indicate restrictions and limitations as to your ability to work based on your disabling conditions. I understand that you do receive Social Security disability insurance benefits, but receipt of same is not a guarantee that benefits will continue to be paid under a disability insurance policy.

Stacy:

They just made me take the MMPI. I am scared that they will deny my benefits by relying solely on that test. If they do is there anything that I can do about it or is that test considered a nail in a coffin? I hear so many horror stories about both Liberty Mutual and that particular test. My disability is mental.

Attorney Stephen Jessup:

Stacy,

In the event of a denial you will have the ability to file a formal appeal of the decision. Please note that Liberty Mutual usually only allows one level of administrative appeal so it is imperative that your appeal is complete as possible. Please feel free to contact our office in the event that your claim is denied.

Victoryia:

Hello, my name is Victoryia and I have been on sick leave from a self insured company since Sept. 2013 for an auto accident. In Dec I started received calls every two weeks or weekly from Liberty Mutual Rep. Requesting more information from every specialist I have seen after Liberty has already faxed each doctor requesting their notes. However after requesting information from all physicians Liberty calls me each time so I can call to get on those doctors to have them send papers faster or I will not get my weekly check. So while in pain and dealing with migraines, neck and back pain I now have to fight for a little 300.00 check, which they made me sign a paper to pay back if I receive money from this auto accident. Now Liberty has stopped my check pending review for long term disability and told me if they feel I should be working they with deny my benefits even if my doctor still has me off. Yesterday they called the secretary of my primary doctor who has me off asking her why im still off of work after my doctor has already sent notes last week. I have been in therapy for a few months 2 or 3 days a week. My checks have been stopped four times until they received paperwork which has cause bills to pile up and credit cards max. I just cant take the phone calls anymore, all the questions and stress while in pain. How can I make this stop?

Attorney Stephen Jessup:

Victoryia,

I am sorry to hear of your difficulties. You are certainly not alone. Due to the fact you indicate receiving weekly checks I assume that your claim is currently for short term disability benefits. Unfortunately, when the review for entitlement to benefits occurs on a weekly basis it does give the carrier more leeway to continually request information. That being said, it does appear that Liberty is preparing to deny your claim for benefits. Please feel free to contact our office to discuss how we may be able to assist you.

Colleen Skowronski:

Apparently I am too sick to work and too well not to. I am on unpaid medical leave since being denied Long Term Disability (LTD) by Liberty Mutual.

I spoke to U.S. Department of Labor’s Employee Benefits Security Administration Compliance Assistance, EBSA. When I disclosed that Lorraine Suell of Wells Fargo had approved unpaid medical leave and Liberty Mutual had denied LTD pay they were surprised. I was advised that Wells Fargo and Liberty Mutual need to be on the same page (i.e.) I am eligible for Medical Leave I should be getting LTD payment.

The primary responsibility of Liberty Mutual Insurance is to act in the interest of participants and beneficiaries. I have submitted to Lorraine Suell two Wells Fargo Team Member Certification forms for medical leave, one signed by Dr. Salganick, Hematology Oncologist at Ironwood Cancer Research Center on May 28, 2013 stating my “chemotherapy is having a powerful residual effect” and may have caused neurological damage causing me to fall frequently. Also included Wells Fargo Team Member Certification Form signed by Dr. Rosemarie Ludwig at Phoenix Psychological Services on May 12, 2013 stating “Chemotherapy has affected her physically’ and I am unable to job function due to… “memory loss, depression and physical symptoms”. My doctor Rose Marie Ludwig is a PhD. Liberty Mutual intentionally mis-represented her as a M.D. in my denied my claim and also misquoted her. Apparently these two well respected Doctors are too subjective and Liberty Mutual had denied LTD pay.

I am requesting your assistance. I do not have an income. Radiology with Chemotherapy and loss of income has used up most of my savings and my 401(k). Please help me if you can.

I recently fell into a coma and almost died after a Colon Cancer recovery.

Attorney Stephen Jessup:

Colleen,

If you have not already filed your appeal, please feel free to contact our office to determine how we may be able to assist you in filing same.

Kamisha Webb:

My therapist took me off work via STD as of February 2014 and last Friday Liberty Mutual denied my claim, they told me I could appeal it but only have one shot at it. Is there anyway your firm can assist?

Attorney Stephen Jessup:

Kamisha,

Please feel free to contact our office to discuss your claim.

Karen:

Had a traumatic brain injury in January 2013. Was eligible for LTD with Liberty Mutual in July 2013. Even though I completed forms needed for LTD, LM delayed benefit payments for 3 months. Then LM closed my LTD claim 3 times stating that I could return to work. I appealed each denial and won. Now LM has me scheduled for an independent medical evaluation. You can bet that IME will recommend that I return to work. I’ll be denied again and I’ll appeal again. Don’t give up! Liberty Mutual and Social Security figure you won’t appeal and then you lose and they win. I just wish I knew what I could do to stop the harassment. A 15 minute IME, won’t give the neurologist a clue as to what your cognitive, speech, occupational, vocational, vestibular, myo fascia release, and physical therapists know. IME’s are paid by the insurance companies! They don’t have your health and welfare in mind. Please send me any info you have to assist in my future appeals.

Karen:

Do I have to go for an Independent Medical Evaluation even though my doctors have all submitted their evaluations? The IME is 286 miles away round trip. I can’t drive due to TBI. Should I get transportation costs, or hotel costs reimbursed?

Attorney Stephen Jessup:

Karen,

Please feel free to contact our office to discuss how we can assist you in your monthly dealing with Liberty Mutual.

Attorney Stephen Jessup:

Karen,

Failure to attend an IME could result in a denial of benefits. That distance does seem exorbitant. I would recommend you request that the carrier provide you transportation and potential accomodations for the evening.

Melissa Elkins:

Liberty Mutual is my LTD carrier, they have never questioned any information, only sent out yearly forms for my Dr. to fill out. Now I would like to do a buyout and NO was my answer, even though I have RSD, consisting of nerve damage. I just want a buyout to payoff some bills and have dental work, only have 13 years left to draw, wouldn’t it be a financially wise move for them? I called and asked, I can’t even get o copy of my LTD papers, that were lost when moving after loosing my home… Help!

Attorney Stephen Jessup:

Melissa,

Under certain circumstances and on a case by case basis Liberty Mutual will consider a lump sum buy out of a claim for benefits. Please feel free to contact our office to discuss how we may be able to assist you in securing same.

Mose:

I had a stroke which affected the vision area of my brain. I am currently receiving Std disability from Liberty Mutual. My question is if I retire will it affect LTD? In other words how does social security retirement benefits affect LTD?

Attorney Stephen Jessup:

Mose,

Under most long term disability policies your Social Security Retirement benefits would offset your monthly disability benefit from Liberty Mutual. As such, it would not be advisable to draw those benefits early as you will gain no financial advantage in doing so.

Cheryl:

My daughter has been out of work for two months, fighting with Liberty Mutual the whole time They dodge phone calls and give out misinformation over the phone. One day she was told it was being sent to be reviewed, the next day, a completely different department called her to say a letter had been sent out the week before with the denial, but they didn’t know what the denial reason was. When she got her letter, it stated they had repeatedly asked for documentation from her doctor. When she called her doctors office, they advised they had NEVER BEEN CONTACTED.

My daughter got the information that was requested and had it sent in, now Liberty is telling her it is an appeal because it was denied the first time. (Even though it was denied because they never told anyone they needed the information and her doctor missed a deadline). Funny how easy it is to miss a deadline when no information is requested.

Today she called them and now has been told it will be 45 days to review. My daughter has zero income, waiting 45 days will ruin her.

Is there anything that can be done?

Attorney Stephen Jessup:

Cheryl,

I am sorry to hear about your daughter’s situation. The law does allow for Liberty to take 45 days, with the possibility of an additional 45 day extension to review an administrative appeal.

Marie:

My name is Marie.

I’ve been out of work since Dec 2013 for a job related injury rotator cuff and carpal tunnel syndrome did not receive benefits until March 2014, then stop in June because I work for a school system, we do not get pay when we’re out for summer. In September I received a check and in October got a call from Liberty Mutual that my benefits are terminated as of October 8, 2014. The surgeon who did the carpal tunnel surgery received a fitness for duty from Liberty Mutual, she filled it out and released me back to work on full duty and the same surgeon sent me to see a specialist for further testing because I was still in pain six months after surgery. The surgeon did not check the specialist notes before filling the fitness for duty, Liberty Mutual contacted my specialist and he explained to Liberty Mutual that he is treating me for wrist and shoulder chronic pain. They asked him about my PTSD and he told them that I am in treatment etc.. Now Liberty Mutual asked for all behaviour health records, physical and occupational therapy records, doctor’s visits from Dec 2013 to present. They have all the records except behavior health because it was never part of the claim. The denial letter stated that I did not consult a behavior health and my condition is not co-morbid and I can perform my work duty. The specialist took me out of work because I cannot perform my work on full duty and my job does not accommodate light duty. I am in treatment with a chronic pain Doctor and behavior health. I had to give up my place, job, cancel my health insurance, I am not qualify for any public assistance, can’t get unemployment because I am under doctor care. I am frustrated with the process. I file with Social Security since July 2014, no answer and with Liberty Mutual you have to sign affidavit if you receive any payment from other company, you ‘ll have to reimburse them. I am appealing their decision and need help with the process.

Attorney Stephen Jessup:

Marie,

Please feel free to contact our office if you would like to discuss how we can assist you in appealing the denial of your claim.

Maryann Cecere:

I went on short term disability in Aug. 18 2014. Due to the death of my son I recieved checks up until Oct. 13 then they just stopped. I was under Doctor’s care, I was on medication and I was seeing a therapist and they just stopped my checks because my therapist could not give them any information on me other then I was under her care. I would like to see what I can do about recieving the last 5 weeks of checks they owe me.

Attorney Stephen Jessup:

Maryann,

You will need to appeal Liberty’s denial of the remaining 5 weeks of benefits. It will be crucial to obtain notes and/or summaries of your treatment with your therapist in order to provide evidence of impairment and disability.

Bill:

In June of 2012, I left my job and went on State disability for one year. I am diagnosed with severe depression along with Bipolar. The list of medications is too long to include here. When my one year of State Disability ran out, Liberty Mutual picked me up and began monthly payments to me. Every month was a goofy struggle to gather paperwork, fax it in… they say they never got it, threatened to stop my payments. This happened to me every month. Along the way, they had me file for Social Security Benefits. In May of 2014 they notified me I was no longer eligible for benefits and cut me off. I have not brought any money into my home since May. During all of this I kept going to therapy and doctor visits. I stuck it out until October of this year and the Administrative Law Judge approved my disability on the spot. The reality is Liberty Mutual never should of stopped paying me. Now I just learned, when I receive my back pay from Social Security, I have to pay back Liberty Mutual all of the money I received from them. I have been homeless, suicidal, alcohol dependent and struggle with manic episodes. Again I have been approved for Social Security, I just wish I could hold Liberty accountable.

Attorney Stephen Jessup:

Bill,

I am sorry to hear of your struggles. Did you ever appeal the denial of your benefits by Liberty Mutual? ERISA provides 180 days to file same, and failure to do so could result in you being unable to file a lawsuit. Social Security is certainly strong evidence of disability to be considered by Liberty Mutual, but receipt of SSDI does not guarantee coverage under an private policy. Please feel free to contact our office to discuss how we may be able to assist you.

Kevin:

I am currently filing for LTD through LM which was provided through my employer. My Doctor, a Board Certified psychiatrist has sent them his required form stating I cannot return to work because of my mental issues. I just received the forms and questionnaires to be filled out. My case manager was very polite and sympathetic when we spoke on the phone. Just wanting advise on any special wording or answers that I should give to improve my chances of being approved. Reading the above post, it seems they deny everyone! I have applied for SSD as well.

Attorney Stephen Jessup:

Kevin,

Please feel free to contact our office to discuss how we can assist you during the application process with Liberty Mutual.

A. Julian Long:

Hi: I am a Veteran of the USMC and a Retired police officer living with PTSD: Major Depressive Disorder, Severe Panic attack, and Agoraphobia. I am currently AVP Operational Risk and Compliance Consultant with a major Bank, and have been out on medical leave because my company refused, then purposely delayed, then retaliated against me for requesting reasonable accommodation – which was supported and suggested by my VA Medical staff – that case is now with the EEOC. Liberty Mutual has approved my Short Term disability based on the exact descriptive letter template two time, submitted by my VA Psychiatrist until now, as we are approaching the transition point from short term to long term disability now the third was not acceptable. The letter they sent indicated that the reason for denial was that I did not have a certified medical condition. Needless to say my VA Psychiatrist is not happy at all because he is seeing more and more Combat veterans and First Responders being denied, when their claim is as legitimate as the come. I have already submitted my intent to appeal letter and via telephone a claims manager say that the newly submitted information and the intent to appeal letter is now under review; but I am very skeptical about that so I am also sending the same information via snail mail as well as their suggestion of email. This company is so unreasonable and the claims manager that denied my case while my Dr. and their Dr. were playing phone tag citing that it did not appear that my Dr. had any further information or opinion to give. To the contrary his opinion is that I am unemployable at this time and will remain so until he his satisfied that I am healed from the traumatic mental and physical injuries from my past service to my country and community. If this type of conduct takes root, the average of 22 veterans and first responders committing suicide daily, will certainly rise, as fears of no hope and misunderstanding rise. Please help!

Attorney Stephen Jessup:

Julian,

I would agree that there does seems to be an increase in denials to first responders, or as is probably the case with your policy a 24 month limitation for the conditions that are preventing you from working. Please feel free to contact our office to discuss your claim.

Kimberly Bower:

I was diagnosed with Fibromyalgia in 04/2012. I was out of work for quite some time, which I exhausted my FMLA hours. During my my absence I applied for STD with Liberty Mutual and was paid. I was lucky and did not have any flare ups for a long time. Then in December 2013, I experienced a really bad flare up and was out of work, applied for STD, was paid. Unfortunately, I had another flare that happened shortly after I returned to work, causing me to be out of work for quite a while. I applied for STD, and was denied. Filed the appeal process and was denied again. I was told that there was not enough medical evidence supporting I needed to miss work. It was exhausting to keep fighting with these people. However, it confused me that the same company approved my FMLA, where the Dr. states due to my medical condition I may miss 12-15 days per month. So there was enough medical documentation that I can miss work but just no get paid for it I guess. So here I am again terrible flare causing me to miss work and being denied for the same reasons. Please help, it is bad enough to have to go through the pain but now not to get paid for something I am entitled too.

Sincerely,
Kim

Attorney Stephen Jessup:

Kimberly,

FMLA and disability are two completely different reviews, with FMLA being “easier” to get due to federal laws mandating a level of protection for employees as it relates to the holding of a job position within the company while out. If your appeal has been denied you may have no other recourse but the filing of a lawsuit. Please feel free to contact our office to discuss same.

J. McGiboney:

I have been on long term disability with Liberty Mutual since June of 2012. I have been notified that I will get a lump sum payment from my SSI insurance dating back to June of 2012. Several time since my disability payments began the Liberty Mutual claims agent has told me that I must have an annual physicians report of my disability. I have done so. Each time they asked they said unless I did the physicians report they would offset my disability payment in the amount they estimated my SSI disability payment would be. They say now that I must send them the entire government payment and let them decide what they will pay me. I still have 17 months left on their payment schedule for my disability. I believe that I should keep the payment I have received in ESCROW until they tell me what id due back to them. I have not yet asked this but they have been insistent that we must send the entire amount back to them and let them decide what I should receive. They say that the SSI payment is theirs. What is the reason for me to send the entire payment to them I know that I should get a substantial amount of this payment but am afraid after reading the complaints that they might send me much less.

Attorney Stephen Jessup:

J,

If you have received the award letter that has the breakdown of monies you will receive from the SSA send it to them. They should be able to calculate the applicable overpayment based on same and provide you notice of the amount.

Kris:

My husband worked in the oil-fields of ND, he came home 10 months ago with severe breathing problems- (he has had two neumothoraxes, collapsed lungs, also while working there), Liberty Mutual denied his claim, and we had a local attorney appeal this (he is not a disability attorney), Liberty Mutual said they would have a decision w/in 45 days (he has OVERWHELMING evidence from his Dr and has gone for aptmts every 3 months for 2 years to his pulmonologist, who clearly writes he CANNOT work in the oilfields, and that he never had breathing problems before), they now have requested an additional 45 days while they obtain additional information. Help! What do we do if they deny our appeal?

Attorney Stephen Jessup:

Kris,

The law does provide for one 45 day extension to render a decision on the appeal. Liberty Mutual typically only provides one level of appeal so in the event the claim is denied the only option would be to file a lawsuit.

Carla Vining:

I have been getting long term disability for a year, they tell me now I have to go do second work. Please help me. Liberty Mutual

Attorney Stephen Jessup:

Carla,

I am sorry, but I do not quite understand the status of your claim. Please feel free to contact our office to discuss your situation in greater detail.

Eddie J.:

Will I be paid intrest on my claim after winning my appeal. LM owe me benifits from FEB. 3,2015 thru August 21,2015

Michael:

Is there no Federal governing body for the insurance industry? What is the Federal government doing to make this situation better? My wife was just dropped from her STD by Liberty–first, they challenged the doctor for not providing a clear diagnosis. Then when he did, they determined she could return to work. Unfortunately, her doc doesn’t agree. In the meantime, we’ve lost our employer-based healthcare coverage that was paying for her doctor visits and our car because she hasn’t been paid in over three months. This is just the tip of a deep and convoluted iceberg–but Liberty Mutual has well and truly stuck us.

Attorney Stephen Jessup:

Eddie,

Typically you will not be awarded any type of interest on the past due benefit.

Attorney Stephen Jessup:

Michael,

Your wife should be entitled to an administrative appeal of the denial of benefits. If she has not already filed same please feel free to contact our office to discuss how we may be able to assist her.

Barry:

I have been approved for LTD from Liberty. My work place will not allow you to work without a 100% bill of health. No light duty, no lifting exemptions. I will never receive this from list of doctors. I have had multiple surgeries. Scar tissue, SI joint damage, postlaminectomy syndrome, sciatica, list goes on. Liberty has been fair. Are they going to turn on me?

Attorney Stephen Jessup:

Barry,

Unfortunately there is no way to give you an answer that can give you definite peace of mind. If your employer’s policy contains a 24 month own occupation definition of disability then switches to an “any occupation” definition of disability there does stand a likely chance that Liberty will look to deny your claim at that point.

T. Smith:

I have been out on Diability since May 2014 to date, I went out with stomach cramping and voice issues. I have been diagnosed with Gasteoparesis and I have a paralyzed right vocal cord from a Thyroid surgery. I also have Pelvic Floor Dysfunction, IBS, and Gastrointestinal issues. I started out at NC Baptist Hospital, had a lot of test done, which name the Gastrointestinal issues. Also had biofeedback therapy, did not get any relief, still would take me 3 to 5 weeks to have a bowel movement. I was the referred to a doctor at UNC Hosp. that does not take insurance, I explained this was not doable. Then I was referred to a surgeon at Baptist to do exploratory surgery. The surgeon came in and stated he would have to put my body through alot, at that time, I have already had 13 surgeries, I did not want to be cut for no reason. While going through this I stayed Dehydrated. My primary Care doctor was giving me IVS for the dehydration and trying a solution to help move my bowels. It would help, but not give me the relief I needed. I would pass a pellet or two, then more cramping. Then I was sent to another doctor at UNC HOSP, that accepted insurance. .A dysfunctional GI doctor, he went over the records and did an exam and told me the obvious with one more issue. Gasteoparesis, Pelvic floor dysfunction and Fibromyalgia and Autoimmue issues. Throughout all the testing I had bodyaches, hands cramping, migraines, testing showed I had inflammation in my body, test came back inconclusive, not negative or positive . Then I were sent to a Rheumatalogist, who said I had inflammation in my hand, some of the test taken there showed inconclusive. At this point I started falling for no reason , My voice was getting worse, 2010 I had two surgeries at Duke Hospital to help maintain my voice from the paralyzed right vocal cord. The surgery was not a guarantee, I then was a trainer at work, I had to stop and go to being on the phone, which I had to take many days off due to vocal cord issues. Back to my stomach cramps, body ache, and falling. I ask had to see a therapist, who ruled I had anxiety and depression. Due to me falling, I was sent to an orthopedic, I had a pain go from my neck thru my back down to my right knee and I would fall, the Orthopedic put me through physical therapy and also cortisone in the knee no help. By this time my right hand would cramp up and it takes awhile to open. Due to so many issues, I started to take one issue at a time, also due to cost and all the meds I am on. At this time, I were told by Liberty Mutual to apply for Disability, and two weeks later Liberty Mutual called and told me my funds would end. I were devastated. And it did. Still going through IV therapy and physical therapy. Still having the same pains. PT was not helping was sent to have an MRI, found my right knee Menicus were torn due to falling, also had an appointment with a Neuro-Surgeon due to the pain in my neck and back and migraines were coming more frequently, in the past, I have had two herniated disk surgeries and 4 rotator cuff surgeries on my right arm. I had knee surgery on August 13, 2015, fixed the meniscus tare and found osteoarthritis. Neuro-Surgeon found I have a degenerative spine. After surgery I appealed Liberty Mutual termination waiting on an answer. Also before surgery I had to go to Rehabilitation Center at Moses Cone Hospitals and outside opinion to see if I were able to return to work, I had to do alot of task that I would do on my job and was time, and they deemed I was not due to pain level and issues that I had. The Neuro-Surgeon referred me to a Pain Mgmt doctor which I will see today, September 10th, 2015 and the Neuro-Surgeon tomorrow. Since surgery I have fell again, back to the Orthopedic next week. If I am denied through Liberty after the appeal do I have a case? Still treating the Gastrointestinal, Fibromyalgia and currently in PT.

Attorney Stephen Jessup:

T. Smith,

If you are denied by Liberty I would strongly suggest you contact our office to discuss assistance in filing the appeal as Liberty only provides one level of administrative appeal before lawsuit- so you only get one opportunity to get it right.

Sylvia:

I fell in the mall, and hurt myself real bad. The janitors neglected to clean up after someone had spilled lemonade and I did not notice while I was walking and slipped. I ended up with bruises and swelling. Thank God I did not break bones. It has been a year now, I have been going through this. I am in so much pain. I hurt my left foot so bad, the fall caused my foot to retain a water buildup and stay swollen. I can hardly walk and cannot even put a pair of shoes on. The doctors gave me a boot to wear and told me I need surgery. Liberty mutual accepted my claim but have been giving me the runaround. I know that they are not sincere and fair. I need a personal injury lawyer, please help!

Attorney Stephen Jessup:

Sylvia,

This webpage is dedicated to Liberty Mutual disability insurance claims. However, if you need assistance in finding a personal injury claim please contact our office and we can assist you with same.

Michael:

I had back surgery a month ago on T4-T5, pretty much right between my shoulders. Liberty Mutual only approved my STD until my follow up appointment post surgery. They say they don’t get the requested information from the doctors office. The doctors office say they didn’t get a request and so I sit here without getting paid a month after back surgery because they seem to delay making requests, delay replying to requests and seem to ignore my calls requesting for an update. They haven’t denied extending my claim, but also haven’t, and don’t tell me anything. I don’t know what to do. I don’t see the surgeon for another month and can’t go a month without pay. I don’t know what to do!

Kim:

At my first visit at the doctor’s office, I gave them an authorization form provided by Liberty Mutual. After two weeks of Liberty Mutual informing me that my doctor’s office did not have the authorization form to release my information, I spoke with Heidi in the medical records department at my doctor’s office. She informed me that the release form that Liberty Mutual provided me was not HIPPA compliant, and that is why the records were not released. If my FMLA is not approved in a timely manner, I will not receive any commission money for the month. We are ranked according to the amount of money collected per hour and the hours I missed that should be covered under FMLA will be backed out of this equation and my commission money will be much higher. At this time, because of the FMLA hours not being backed out, I am ranked too low to receive any money. If their non Hippa compliant authorization form causes me to loss money, is there anything I can do?

Attorney Stephen Jessup:

Kim,

With respect to FMLA rights I would not be able to provide any opinion as our sole focus is disability insurance benefits. That being said, it would be wise to provide Liberty with a copy of the medical records yourself to avoid any potential negative repercussions from the situation.

Attorney Stephen Jessup:

Michael,

Is the claim denied (requiring appeal) or suspended (pending receipt of information)? If they are waiting on information from your doctors my first suggestion would be to obtain a copy of your records and provide them to Liberty as soon as possible. If it is a full denial, you will have to appeal the decision. Please feel free to contact our office to discuss your claim further.

Ally:

I applied for short term disability on September 28th. First they were waiting for medical records and after receiving those it went to medical review.It is November 10th and the representative is telling me my claim is still in medical review awaiting a call from the otolaryngologist. I have an inner ear vestibular issue and have balance issues with vertigo nausea fatigue and vision difficulties. I have the short term disability benefit through my employer and I knew there was a claims process but after seeing what others are experiencing am getting a little worried. I am not sure how much longer it is going to take to get back on my feet and my savings is exhausted with no funds coming in. I am coming up on the 45 days on Nov 13.

Attorney Stephen Jessup:

Ally,

If they have not rendered a decision by the end of day 45 please feel free to contact our office to discuss your claim.

Margaret:

I have been taking care of my sister for a year now, she had her left leg amputated a BKA, and is jeopardy of losing her right leg. LM Ltd canceled her because they say her Dr’s haven’t sent correct paperwork they want. I have been face to face with her Drs who say they have sent them everything they have ask for?? When talking to her LM rep, he stats no they have not, we have gone down to medical records twice, and signed over ALL documents from her records to be sent to LM, and still claiming NOT enough(what part of losing one leg and maybe her other don’t they get) information claiming she is still disabled? In the mean time her employer terminated her job resulting in her losing her insurance, so NO surgery to save other leg, and can’t afford meds including insulin!!! Hopefully she can get the help she needs!!!! Can you help her?.

Attorney Stephen Jessup:

Margaret,

Has Liberty Mutual sent a formal denial letter? Please have your sister (or you) contact our office to discuss her claim in greater detail.

David:

If I want to file a complaint with the insurance commission against Liberty as they are a third party for Wells what is proper procedure.

Attorney Stephen Jessup:

David, do an internet search for your state insurance commission.

Jeannie:

My husband had a stroke in Jan 2016 and suffered paralysis and weakness on the left side and lost half of his field of vision in each eye. This means he will never be able to drive again or work in the occupation he had. He is learning to walk and use his left side some but only time will tell how much he can recover. The vision however is permanent as damage to the optic nerve occurred. He is now home after spending 2 weeks in the hospital and 3.5 weeks in a rehab hospital. He currently is having therapy through home health. He is currently on STD through his employer through Liberty Mutual. They pay to the employer and he is currently being paid on regular payroll checks. I have tried unsuccessfully to obtain plan booklets/information about these benefits. The STD pays out for the first 6 mos after that it switches to LTD and we are concerned about this process as it is unknown. Liberty will not provide the information and the employer states they do not have it, to get it from Liberty. We need to know whether to go ahead and file for Social Security Disability since we have a child under 16, he could receive his benefit plus family benefits and how this would affect the LTD payment. Every time I call Liberty, I get the case managers voice mail and cannot get in contact with him.

Attorney Stephen Jessup:

Jeannie, it is the responsibility of the employer to provide a complete copy of the policy, so a written request for same is best. With respect to SSDI and DSSDI sources- it is almost certain that the Liberty policy will offset the monthly benefit based on receipt of those sources. Furthermore, the policy will contain language requiring your husband to apply for both. There stands a likely chance that Liberty Mutual will conduct a review of the LTD claim as the STD is coming to a close without requiring new application forms to be completed. Please feel free to contact our office should you have any additional questions.

Debra:

Liberty Mutual long term benefits were supplied by my employer. In Feb 2012 I tore my labrum of my right hip. Continued to work until October 2012 when the pain was so bad I was no longer able to sit, stand or walk without taking narcotics. I am a nurse and cannot work while taking pain meds. It took until Dec 2012 before correct diagnosis was made. I was scheduled for surgery to repair it in Feb 2013. Initially my claim consultant seemed kind and understanding. Then I found that I was responsible to get my medical records, copy them and then either fax or mail them. I asked about sending via email and was told no I could not. It was very difficult for me to meet their demands for records because of pain, crutches, stairs to my apartment and having to find someone to drive me because of medications. But I did as they asked despite the difficulty and pain it caused. First surgeon did two scopes of my hip and was unable to help my pain because she miss-diagnosed my problem not noting I also had a pincer lesion in my hip that should have also been repaired. Tried to get in to see one of two specialists who had skills to repair my hip correctly and the wait was over 6 months. Instead had hip replaced. Hip never healed properly. I kept complaining of pain but my surgeon ignored this. I found out when copying my records to get another opinion that he had received a phone call from the surgeon I tried to see for scope #3 who said that I had threatened to sue him (which I did not and could prove it). This information was in a letter that the surgeon who replaced my hip sent to Liberty Mutual calling me a “liar” and “manipulative.” I wrote to Liberty Mutual and gave them information from 2 other specialists who were in the process of evaluating me for a possible infection in my RTHR of what happened, what meds I was taking (including pharmacy records), copies of journal articles stating what the standard of care was (and that doctor who wrote LM the letter was not complying) and records from 2 other physicians backing up my complaints that something was still wrong with my hip. My disability payments were stopped as soon as they received the letter from the physician who replaced my hip who seemed to have an unjustifiable a grudge against me. I have since had my hip revised and have proof that surgeon #1 placed cup wrong and made my leg one inch too long. I am recovering still. I met with the office manager of the first surgeon who replaced my and brought documents to prove that I never threatened to sue anyone and that there was a problem with my hip that had now been corrected. I asked that surgeon to write to Liberty Mutual to amend his first letter. He refuses. And Liberty Mutual is standing on that letter to deny my claim. They have completely disregarded the survey they had me fill out stating what I was able to do and not do, ignored my pharmacy records, ignored all other info I supplied to refute my first surgeons letter. I was told by their physician that I was capable of working (he listed how many hours sitting, standing, and walking) and they gave me examples of nursing jobs that I should be able to do. At that time I was (and still am) taking narcotics (can’t take narcotics and work in the health field) and I had told them at that time I spent 90% of my time in bed, on ice. I could sit for up to 15 min and walk a few feet. I am totally disgusted. Liberty Mutual wasn’t looking for the truth in determining my disability, they were looking for anyone, even if they were wrong, to tell them I wasn’t disabled and now are standing firm on that one piece of information despite volumes that I have supplied that dispute it. And one last thing, when LM wanted information related to my status of my Social Security disability they asked me to email it! I was incensed. Info that I was required to send to get disability payments had to be copied and faxed or mailed, but when it was something THEY wanted it was ok to email it.

Attorney Stephen Jessup:

Debra, how long ago was your claim denied? Did you already go through the administrative appeals process? Please feel free to contact our office to discuss your case in grater detail.

Marilyn F.:

I received my 1st SSDI check in June 2014. I applied for my long term disability in Jan 2014. I was denied because they didn’t have enough medical records at that time. So that rocked on until I received my SSDI. It did say I had 180 days to appeal the claim but I didn’t because I wasn’t aware that I could draw till I’m 65. I just found out a couple months ago. Can anyone help me at this point. I paid for this insurance for 22 years!

Attorney Stephen Jessup:

Marilyn, under a Liberty Mutual disability policy, Liberty would have paid you a monthly benefit up to age 65 (depending on any limitation language in the policy) less the amount that SSDI pays you. However, the largest concern is the fact you did not appeal the denial of benefits within 180 days, which could preclude you from pursuing any legal recourse. You can attempt to ask Liberty to provide you an appeal, but since it appears a couple years have passed since the denial they may not accept an appeal.

Christina D.:

Liberty Mutual has now changed the rule to 12 months then they change your occupation to “any occupation.” My husband’s doctor refuses to release him because he cannot safely use his arm to complete his job, yet they found a doctor that said he could do “a” job. The man in charge of my husband’s claim lies, says the most deplorable things and then refuses to answer or return calls.

This company is so sorry and crooked that it makes me sick. I pray that one day they get exactly what they need…to have their doors closed.

Ruby B.:

Having the same problems with Liberty Mutal insurance denying the long term disability claim since nov 2015. I have two Dr’s that agree that I should not return to work.

Attorney Stephen Jessup:

Christina, I am assuming your husband’s claim was denied in the any occupation stage of disability? If so, have you filed an appeal? Please feel free to contact our office to discuss how we may be able to assist you and your husband.

Attorney Stephen Jessup:

Ruby, have you submitted your appeal of the denial as depending on when in November your denial occurred your 180 days is drawing very near? Please feel to contact our office to discuss your claim.

Ally:

I was not even applying for disability. I applied for intermittent FMLA and when I got on the LM website this morning I saw it had been denied. They did not even send me a denial letter. I applied on April 11 my doctor filled out and faxed paperwork that following week. I don’t know what is going on. I have Ménière’s disease and am having surgery next month and now I am worried about my job. Too much anxiety especially when dealing with vertigo and all other icky stuff.

Glen:

My wife and I have been separated for over a year. I receive Social Security Disability and my wife receives an associated payment from Social Security Disability for our daughter. Liberty Mutual reduces my Long Term Disability payment by the amount I receive from SS as well as the amount my wife receives. I understand deducting the amount I receive but can they legally deduct the money my wife receives when we’re legally separated or divorced?

Attorney Stephen Jessup:

Glen, if the policy indicates they can offset the SSDI amount your dependent receives on account of your disability then they would have a right to offset. Your situation is unfortunately all too common. Another potential is if you are paying court mandated child support you could review with that court to determine obligations based on the fact your dependent is receiving money due to your disability.

Brian:

If my doctors note states I should be out 4-6 weeks, why does Liberty Mutual only want to give me 2 weeks? When you first call it’s all about taking care of you. I was actually asked, “Are you planning on going back to work, ever?” I said, “I was planning on following what my doctor requests.” Then I had to fax more documents and requests to my case manager. He said, that the nurse practitioner had reviewed my case and would only pay my claim, through May the 29th. She’s not a doctor nor has she ever seen me. I have to go back to my dentist today to repair dentures that are making me gag, so I can’t talk. Plus I can’t wear them for over 4 hours without pain. I am in sales, I talk for a living. What am I supposed to do, I am living off credit cards???? Talked to 401k folks and I can’t claim hardship until I get an eviction notice? Being sick and in pain sucks…then add the stress of how you’re going to pay your bills is a nightmare.

Attorney Stephen Jessup:

Brian, has Liberty issued a formal denial or are they only stating they need additional medical information to support disability beyond May 29? I would not trust them to obtain your medical/dental records, and suggest that you provide them with all of the documentation to ensure it is received for review.

Kimia A.:

I have been denied long term disability and appealed my case. My doctor informed me he does not feel the case worker is sympathetic and liberty just extended the review to another 4Weeks. I have not had an income since January and am suffering emotionally physically and financially. Help

Attorney Stephen Jessup:

Kimia, please feel free to contact our office to discuss your claim. As your claim is already well into the appeal review process there may be very little we can do at this point, but we can certainly discuss your claim and what rights you would have in the event Liberty denies your appeal.

Christine:

Was out on STD for 8 paid weeks in full by employer then 2 additional weeks at 70% from Liberty. Ironically, they withheld the 2 weeks stating they never received the medical notes for the period. My case manager told me 2 weeks ago he believed he had what he needed and was sending same to review. My case was closed yesterday and the pay for that period denied due to the absence of the therapy notes for that period. I called today and there is a gap in my therapy note history. I said my case mgr told me he received everything. I was told it is ultimately my responsibility to make sure the notes were sent. How so if my case manager said all was well?

That is a circular scenario that is unwinnable, so after being told I could file an appeal to reopen the case, I am requesting the therapy note copies for myself and will submit with a letter of appeal. I have been reading your comments about only having one shot at an appeal so would you have any suggestions to do this correctly? It is for only 2 weeks pay so I don’t think it would be lawyer worthy, but it is enough to be “bills necessary”!

I have already returned to work almost a month now (which was not in their files either, sigh) and I left my loser case manager a message (which he blows off most times, and doesn’t return calls).

HA,HA..fun fact..I sent my case manager an email (gotten from an update he sent to my employer that I saw) when he was consistently leaving out of office message on a day to day basis on his voicemail. No answer, of course, so I called and was told that LM doesn’t accept emails from its clients so I said that was because they would have to be held accountable then for any correspondence or information sent to them that they deny ever getting!

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