Arkansas disability attorney filed lawsuit against SunLife on behalf of disabled Buford Media Group, LLC’s Office Manager for denial of disability benefits

In Kathryn McDaniel-Bowen vs Sun Life and Health Insurance Company F/K/A Genworth Life and Health Insurance Company, filed at the District Court for the Eastern District of Arkansas, the plaintiff Kathryn McDaniel-Bowen alleged that the Sun Life and Health Insurance Company (Sun Life) had breached its contractual obligations by denying long term disability benefits payments to her.

The Alleged Facts of the Case

The plaintiff was formerly employed as an office manager for the Buford Media Group, LLC. As a fulltime employee of the Buford Media Group, the plaintiff was covered under a Long Term Disability Insurance Policy issued by Sun Life.

On August 2009, the plaintiff stated that she began to experience pain in the neck and shoulder. Later the pain became constant in her neck, shoulder blade area of her back and lower back. By December 9th 2009, the plaintiff had to stop working because of the severity of her pain. Her disability had resulted in anxiety, depression, extreme fatigue, stress and feelings of worthlessness. According to the plaintiff, these symptoms have prevented her from carrying out the ordinary functions usually performed in her position as an office manager for Buford Media. The plaintiff also stated that these injuries and disabling symptoms have resulted in her inability to perform all the material and substantial duties of her regular occupation and any gainful occupation that she was qualified for or may reasonably become qualified for by education, training or experience.

Consequently, the plaintiff applied to Sun Life for short term disability benefits and received weekly benefits amounting to $564.00 from January 27th 2010 to June 24th 2010. Later the plaintiff submitted a claim to Sun Life for long term disability benefits but was denied her claim. The plaintiff alleged that Sun Life had denied her claim for long term disability benefits without even conducting a medical examination of her.

According to Dr. Robert A. Dorman, M.D, the plaintiff’s attending physician, November 9th 2010 report to Sun Life;

Kathryn McDaniel is a patient of mine. In the matter of your denial of Mrs. McDaniel-Bowen, please allow me to clarify this patient’s problems. This is a degenerative disc disease that has long term and chronic implications along with the acute exacerbations that have been noted during the care provided prior to and after the December 9, 2009 date. This is the date that is officially defined as her first day of disability but attempts prior to that date to continue her in the job from which she was removed were revealing of her inability to stay in that job. She develops intractable pain in her neck while working. There does not appear to be an alternative for her. Exhaustive therapeutic options from therapy to medications to injections have not changed this outcome. I can personally and professionally validate her disability claims and her wish to return to gainful employment but that does not appear likely to happen.

The plaintiff alleged that despite having complied and satisfying all her contractual obligations under the policy, Sun Life had denied her claim and refused to pay any disability benefits. As such, the plaintiff argued that Sun Life had breached the terms of the policy by denying and refusing to pay her claim for long term disability benefits.

Relief Claimed By The Plaintiff

The plaintiff argued that due to Sun Life’s actions, she is entitled to:

The plaintiff also demanded a trial by Jury.

Leave a comment or ask us a question

Questions About Hiring Us

Do you help Arkansas claimants nationwide?

We represent Arkansas clients nationwide and we encourage you to contact us for a FREE immediate phone consultation with one of our experienced disability insurance attorneys.

Can you help with a Arkansas disability insurance policy?

Our disability insurance lawyers help policy holders seeking short or long term disability insurance benefits from Arkansas. We have helped thousands of disability insurance claimants nationwide with monthly disability benefits. With more than 40 years of disability insurance experience we have helped individuals in almost every occupation and we are familiar with the disability income policies offered by Arkansas.

How do you help Arkansas claimants?

Our lawyers help individuals that have either purchased a Arkansas long term disability insurance policy from an insurance company or obtained short or long term disability insurance coverage as a benefit from their employer.

Our experienced lawyers can assist with Arkansas:

  • ERISA and Non-ERISA Appeals of Disability Benefit Denials
  • ERISA and Non-ERISA Disability Benefit Lawsuits
  • Applying For Short or Long Term Disability Benefits
  • Daily Handling & Management of Your Disability Claim
  • Disability Insurance Lump-Sum Buyout or Settlement Negotiations

Do you work in my state?

Yes. We are a national disability insurance law firm that is available to represent you regardless of where you live in the United States. We have partner lawyers in every state and we have filed lawsuits in most federal courts nationwide. Our disability lawyers represent disability claimants at all stages of a claim for disability insurance benefits. There is nothing that our lawyers have not seen in the disability insurance world.

What are your fees?

Since we represent disability insurance claimants at different stages of a disability insurance claim we offer a variety of different fee options. We understand that claimants living on disability insurance benefits have a limited source of income; therefore we always try to work with the claimant to make our attorney fees as affordable as possible.

The three available fee options are a contingency fee agreement (no attorney fee or cost unless we make a recovery), hourly fee or fixed flat rate.

In every case we provide each client with a written fee agreement detailing the terms and conditions. We always offer a free initial phone consultation and we appreciate the opportunity to work with you in obtaining payment of your disability insurance benefits.

Do I have to come to your office to work with your law firm?

No. For purposes of efficiency and to reduce expenses for our clients we have found that 99% of our clients prefer to communicate via telephone, e-mail, fax, sessions, or Skype. If you prefer an initial in-person meeting please let us know. A disability company will never require you to come to their office and similarly we are set up so that we handle your entire claim without the need for you to come to our office.

How can I contact you?

When you call us during normal business hours you will immediately speak with a disability attorney. We can be reached at 800-682-8331 or by email. Lawyer and staff must return all client calls same day. Client emails are usually replied to within the same business day and seem to be the preferred and most efficient method of communication for most clients.

Dell & Schaefer Client Reviews   *****

Sharon M.

My experience has been very positive since Dell & Schaefer have been handling my case. I have met personally with Mr. Dell who always is available to talk with me and address my concerns and questions, the support staff treat me as if I were a family member, in a caring manner while performing at an outstanding professional manner. I highly recommend this firm, and would gladly speak to any future clients if they have questions.

***** 5 stars based on 202 reviews

Speak With An Attorney Now

Request a free legal consultation: Call 800-682-8331 or Email Us