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Former Charles Schwab Corporation employee sues Liberty Life Assurance Company of Boston for denial of long term disability benefits

A disability lawyer recently filed a lawsuit against the Liberty Life Assurance Company of Boston (Liberty Life) at District Court for the Eastern District of Kentucky. In Rita Dirks Vs Liberty Life Assurance Company Of Boston, The Charles Schwab Corporation Long Term Disability Plan And The Charles Schwab Corporation, it was alleged by the plaintiff Rita Dirks that Liberty Life had violated the provisions of the Employee Retirement Income Security Act of 1974 (ERISA) in the handling of her claim for long term disability (LTD) benefits.

The Alleged Facts Of The Case

The plaintiff was formerly an employee of the Charles Schwab Corporation. She participated in an “employee welfare benefit plan” called the Charles Schwab Corporation Long Term Disability Plan (the “Plan”) which was funded by Liberty Life. The Charles Schwab Corporation acted as the Plan Administrator and Plan Sponsor while Liberty Life determined eligibility for benefits under the Plan, and was/is the party responsible for paying benefits to claimants who are found disabled under the Plan. Under the terms of the Plan, Liberty Life agreed to provide the plaintiff with LTD benefits in the event that the plaintiff became disabled as defined in the LTD portion of the Plan.

The plaintiff later stopped working due to a disability. In the lawsuit, it was claimed that the plaintiff remained covered under the Plan while being disabled. The plaintiff contended that she had been and still is disabled as defined by the terms of the plan. Despite being disabled and providing with evidence of the Plaintiff’s permanent disability, the plaintiff alleged that Liberty Life had refused to pay LTD benefits to the plaintiff under the Plan.

The plaintiff also stated in the lawsuit that timely appeals were made to Liberty Life regarding its decision to deny the plaintiff’s claim for LTD benefits. Despite exhausting all her administrative remedies, none of the plaintiff’s appeals were successful and Liberty Life continued to deny the plaintiff her claim for LTD benefits.

Alleged Legal Basis for the Lawsuit Filed by Disability Attorney

As mentioned earlier, the plaintiff alleged that despite being disabled as defined under the terms of the plan, Liberty Life had failed to pay disability benefits due to her under the LTD portion of the Plan. The plaintiff argued that the failure to provide benefits constituted a breach of the terms of the plan. Specifically, the plaintiff alleged that Liberty Life’s:

Relief Sought By The Plaintiff Through The Court

The plaintiff argued that Liberty Life had failed in its fiduciary duty towards the plaintiff with its actions and this had resulted in the plaintiff suffering damages. As such the plaintiff is seeking from the Court the following relief:

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FAQ

Do you help Liberty Mutual claimants nationwide?

We represent Liberty Mutual 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 Liberty Mutual disability insurance policy?

Our disability insurance lawyers help policy holders seeking short or long term disability insurance benefits from Liberty Mutual. 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 Liberty Mutual.

How do you help Liberty Mutual claimants?

Our lawyers help individuals that have either purchased a Liberty Mutual 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 Liberty Mutual:

  • 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, GoToMeeting.com 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.

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Stephen E. (Virginia)

Rachel Alters and her paralegal, Sonia R. Nogueira, made dealing with the insurance companies almost like a walk in the park! They kept me informed whenever the insurance companies needed something and we worked out the most efficient means of getting it done. What made working with Ms. Alters and Sonia a dream was their ability to make me feel that I was a SPECIAL client of theirs – and I am well aware that I was not.

But seriously, when working with Sonia when trying to get the correct Social Security disability award info to Lincoln she never once made it seem that it was a bothersome inconvenience to her. She was just great at all times and Ms. Alters, and Dell & Schaefer, should be very proud to have her on board.

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