Two Comcast employees and a registered nurse file three ERISA lawsuits against Liberty Life Insurance in Pennsylvania for denial of disability benefits

Liberty Life Assurance had three ERISA lawsuits filed against it in the United States District Courts of Pennsylvania in July 2011 by disability attorneys. All three cases allege that Prudential is not upholding its duties in the awarding of disability benefits to entitled employees under the Employee Retirement Income Security Act (ERISA).

Registered Nurse and her Disability Attorney Challenge Liberty Life’s Denial of Disability Benefits

In Kelly Lucas v. Liberty Life Assurance Company of Boston et. al., Lucas and her disability attorney filed suit against the insurer on July 11, 2011 after Lucas had exhausted all her administrative remedies for receiving her rightful disability benefits as provided to her in her Geisinger System Services Plan. A vested member in Geisinger’s Liberty Life insurance plan, Lucas, a registered nurse who had been employed at Geisinger for several years, ceased working at the company on November 4, 2004 due to “lumbar degenerative disc disease and internal derangement of the left knee.” Continuously disabled since that time, Lucas was approved monthly disability benefits that began on May 3, 2005. Shortly after this, on June 2, 2006, Lucas was also awarded Social Security benefits, and on May 3, 2007, Liberty Life terminated their disability benefit contribution to Lucas “claiming she no longer met the definition of disability.”

After review of Lucas’ medical records, Liberty Life reinstated her disability benefits in December of 2008 and then again terminated those disability benefits on December 3, 2008. Lucas provided the insurer with current, additional medical records, and again, the insurer reinstated her disability benefits. Once again, in March 2009, the insurer terminated Lucas’ benefits claiming she was no longer disabled; and this time when Lucas appealed, Liberty denied the appeal which led Lucas and her disability attorney to file the subject lawsuit. In the lawsuit, Lucas and her disability attorney request the District Court order Liberty to restore Lucas’ long-term disability benefits per Lucas’ plan and demand they continue those payments into the future.

Comcast Employee and his Disability Attorney File a Lawsuit against Liberty Life for Denied Disability Benefits

In James Falgione v. Liberty life Assurance Company of Boston, Falgione and his disability attorney ask the United States District Court for the Western District of Pennsylvania to provide Falgione with the following relief as a result of his denial of disability benefits from Liberty Life:

An employee of Comcast Corporation, Falgione was insured under a policy purchase by Comcast from Liberty Life. With a significant amount of medical ailments, Falgione became fully disabled, but was denied his disability benefits from Liberty Life. After exhausting all his administrative appeals and supplying Liberty Life with ample medical evidence proving his disability benefits, Falgione engaged a disability attorney to plead his case.

Meniere’s Disease Sufferer and Her Disability Attorney Files Suit against Liberty Life Assurance Company of Boston in the United States District Court of Pennsylvania

In Lynda Schreiner v. Comcast Comprehensive Health and Welfare Benefit Plan and Liberty Life Assurance Company of Boston, Schreiner and her disability lawyer filed a lawsuit against Liberty Life in the United Stated District Court of The Eastern District of Pennsylvania on July 5, 2011. Suffering from Meniere’s Disease, which causes imbalance and dizziness, Schreiner ceased working at Comcast on April 30, 2010. A Purchase & Procurement Representative, Schreiner received her entitled short term disability benefits from May 10, 2010 until June 25, 2010, but was denied continued benefits in a letter dated September 25, 2010, which Schneider received three months after the date on the letter. She then was issued a “Second Request” denial letter by Liberty Life on November 8, 2010. Providing Liberty Life with some seventy-five faxed pages documenting her appeal and with medical records attached, Schneider appealed the insurer’s decision.

In response, Liberty Life conducted a panel peer review, whose evaluators were not convinced of Schneider’s disability and based on their opinion, Liberty Life upheld its earlier decision to deny Schneider’s disability benefits. With no alternatives left for appeal, Schneider and her disability attorney filed the subject complaint. In March 2011, Schneider’s disability lawyer requested a “complete copy” of Schneider’s administrative record and was advised the record had been misplaced. After other requests, Schneider’s disability attorney received a copy of the records on May 3, 2011.

Upon review of Schneider’s administrative record, her disability attorney determined that he was not provided with the entire record. Consequently, in their lawsuit Schneider and her disability attorney ask the District Court to review Schneider’s Liberty Life documents and award Schneider her contractual disability benefits per the terms of her Liberty Life plan, award interest on unpaid accrued disability benefits, to continue to pay Schneider’s disability benefits until such time as she no longer meets the conditions of her policy, award her attorney’s fees and Court costs, and other relief as appropriate.

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There are 2 comments

  • Francesco,

    Thank you for adding to the conversation and sharing information.

    Stephen JessupOct 10, 2013  #2

  • Currently, there is no single treatment for tinnitus. You can’t go overboard and take higher vitamin dosages assuming that they will work correctly. Is it possible that elevated blood fats will have connection to tinnitus.

    FrancescoOct 10, 2013  #1

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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.

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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.

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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.

Reviews

Bruce R. (Arizona)

Steve Dell has done an exceptional job with my disability application process. The firm is extremely well managed. They have acquired an incredible amount of experience over many years. I recommend them for disability insurance claims without reservation. 

Don (Florida)

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.

Sandra B. (Arkansas)

I have nothing but good things to say about how my buyout was handled with my disability claim. The level of professionalism was amazing. All of my questions and concerns were answered either by Danielle L. or Alex P. in such a timely manner and with such care I would recommend them in a heartbeat to anyone needing to approach their provider with buyout options.

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.

Brenda R. (New York)

I needed assistance with an appeal for a LTD claim that was initially denied. Stephen understood what needed to happen to win the appeal and he did win the appeal for me.

Michael C. (Virginia)

Greg Dell and his assistant Anneli have been extremely responsive and helpful, not only our initial consultations, but in follow-ups 1 and 2 years later with the insurance company to ensure that they comply with their agreements (which they did), as well as a separate and only slightly-related inquiry about our health insurance. I always hear back from them very quickly, which is rare and greatly appreciated.

Jeff P. (Oklahoma)

After a very long and frustrating ordeal to keep my LTD payments coming I decided to seek assistance from and attorney. After much research and asking those in the legal profession Dell & Schaefer seemed to be the top choice. I reached out and Alex Palamara was the attorney assigned to my case. All I can say is the experience was outstanding. Both Alex and his Paralegal, Danielle Lauria were excellent to work with. They were very kind, concerned, understanding of my frustrations and treated me with the utmost respect. Communication was excellent with regular updates and telling me what I could expect in each stage of the process.

Alex was also very straight forward with what to expect and no pie in the sky promises or expectations were made. In the end we won our case and I believe it was solely due to their experience and knowledge of not only the laws but the insurance companies as a whole. I would highly recommend them and am very grateful for the help they afforded to me.

Chad B. (Illinois)

I originally spoke with 3 other long term disability lawyers about my case before contacting Dell and Schaefer. None of those law firms would take it. They said the chances of me winning was not good. After finding Dell and Schaefer online I spoke with one of the attorneys that has since left. He did take my case but later it was picked up by Rachel Alters. Rachel is amazing and a very intelligent attorney. She not only won my case but also was able to get my back pay for 6 months.

I also cannot say enough about Sonia Nogueira. Sonia was always quick to answer any of my questions. I would usually hear back from her within hours of sending her a email. I do not know where I would be if I hadn’t contacted them. My family and I cannot thank them enough. Don’t let an insurance company tell you they are not responsible for paying you. I paid them for 20 years monthly and they looked for any reason they could not to have to pay me when I needed my benefit. Thank you Rachel and Sonia for all you guys do.

Paul L. (New York)

Words can only scratch the surface regarding my experience working with Attorneys Dell & Schaefer. It’s a very emotional experience making the decision to utilize disability insurance. The unknowns were/are scary. From the very first phone call, the support staff was/are very professional and reassuring. I have been working with Attorney Steven Dell for approximately 10 years. He is confident, reassuring, listens to and addresses all my concern, and is extremely dilligent in understanding my specific policies for how they impact me. It is very reassuring that Steven handles and deals with the insurance company on my behalf. Attorney Dell’s team, and specifically Merlin, Attorney Dell’s assistant, is simply fantastic. Her professionalism and attention to detail have made all my communications with the office seamless.

Simply put, my experience with Dell & Schaefer made the emotional rollercoaster experience of my neck surgery seem like a walk in the park.

Thank You, Thank You, Thank You, to both Attorney Steven Dell and to Merlin for how you have helped me over these past 10 years.

Dilligence, Reassurance, Professionalism at every step, Confidence, Results.

With 10 years experience with working with Dell & Schaefer, taking that step to call Attorneys Dell & Schaefer was one of the best professional and personal decisions I have ever made.

You want to know what you can do – the below comment about posting your first name and last name initial on our website. Put up my full name, phone number, and email address. I will gladly speak to anyone about your office and tell them my story and how instrumental Steven and Merlin have been in my life over the past 10 years.

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