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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

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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