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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I called this firm a few months ago completely disparaged due to a company cutting off disability benefits at a time that nearly caused me to lose everything.

Attorney Alex Palmera and Danielle worked hard to reach an amicable settlement and my case was settled a few months later. This is a good firm and the specific expertise in disability claims saved me countless hours of hassle at a time when an already fragile state existed.

Thank you Mr. Palamara and Danielle.

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They did a fantastic job communicating between the provider and me, always keeping my best interest at heart and always answering my many many questions. They really did take most of the stress out of this whole situation. I would give them a 10 out of 10 for every step of this crazy journey. Thank you so much for helping me through this.

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