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What Should a Claimant Expect When Suing Cigna or any other disability company for Long Term Disability Benefits?



Attorney Cesar GavidiaAuthor: Attorney Cesar Gavidia

ERISA disability lawsuits are complicated due to the pro-insurance company laws. Our disability attorneys have handled thousands of ERISA disability lawsuits and Cigna is one of the companies that we sue on a routine basis. In this video, attorneys Cesar Gavidia and Gregory Dell discuss the fundamentals of a disability lawsuit against Cigna. If you have a potential LTD lawsuit or any claim denial, please contact any of our attorneys for a free consultation.

There are 2 opinions so far. Add your comment now.

Dave S.:

Former director of operations was advised by multiple doctors I should be on disability due to back issues. After 3 years, listened to them and threw in the towel in 2011. Approved for SSDI in under 2 months. Hartford began paying LTD.

Approximately 2 years later, they decided to review the claim. I explained I had had an unsuccessful back surgery and was awaiting scheduling for a more complex operation on my back. Also explained I was suffering from anemia leading to chronic tiredness. They decided I was able to return to work (no explanation provided as to how I had improved). Subsequently underwent an 9 hour surgery on my back which left me in worse condition.

As there was only approximately $9-10000 left in disability payments before the policy would expire, I feel they denied it feeling there was not enough money left in the claim to make it worthwhile to take legal action. Complete file available. Thoughts?

Attorney Cesar Gavidia:

Dave,

Based on timeline you provided it appears that Hartford had denied your claim in 2013. You would have likely had 180 days to appeal Hartford’s denial. The major concern at this point is the potential lapse of the statute of limitations to take legal action. Group long-term disability policies often contain “legal action” provisions which limit the statute of limitations. A statute of limitations limits the timeframe in which you have to file a lawsuit. You should reach out to an attorney immediately to discuss your options, otherwise the statute of limitations in your case may soon lapse, if it has not done so already.

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