Disability benefit denial lawsuit against Liberty Life and HSBC can proceed

A recent ruling by the United States District Court for the District of Nevada in an ERISA Disability lawsuit allows a claimant a chance for justice after the Federal Court denied multiple motions to dismiss a case that was filed by both Liberty Life Assurance Company and HSBC. Liberty Life and HSBS apparently believed that a disability claimant should not be allowed to file a lawsuit against them after they deny a claim for Disability Benefits. The Court disagreed and has allowed the disability lawsuit to proceed.

Claim History of HSBC Employees Disability Claim Against Liberty Life

The Claimant, a former employee of HSBC North America Holdings, was forced to file a disability claim due to a serious medical condition. Due to her employment at HSBC, the claimant was a covered employee under a Short Term Disability (STD) Plan as well as a Long Term Disability (LTD) Plan. After being unable to perform the duties of her occupation, the claimant filed an application for Short Term Disability Benefits. Unfortunately, Liberty, as administrator of the STD Plan, denied her claim for short term disability benefits. This denial forced the claimant to file an administrative ERISA appeal, which she did in a timely manner. Unfortunately for the claimant, Liberty chose to ignore her “evidence, failed to adequately investigate, and colluded with an unqualified physician to obtain a favorable determination on the medical record review.” Liberty’s actions resulted in the claimant’s appeal being denied as well.

Unfortunately for the claimant, in order to qualify for benefits under the LTD Plan, it was a pre-requisite to receive STD benefits fully. As her administrative options for the STD plan were exhausted, the claimant’s only remaining option was to file an ERISA disability lawsuit.

Liberty Life and HSBC Attempt to Prevent Disability Claimant’s Day In Court

After the claimant filed the long term disability lawsuit on November 29, 2011, both HSBC and Liberty Life moved to dismiss the case arguing that they were not proper parties to be sued. Both companies felt that ERISA only authorizes suits against the benefits plan or the plan administrator. Additionally, Liberty argued that the Plaintiff’s lawsuit for LTD benefits should be dismissed because “Plaintiff failed to submit a claim for determination.” Apparently with this argument Liberty felt that since a formal application for LTD benefits was never made, this lawsuit was premature.

The Court Did Not Buy Liberty’s Argument To Dismiss the ERISA Lawsuit for Disability Benefits

The Court felt otherwise. First, with regards to Liberty’s and HSBC claim that they were not proper parties, the court decided that HSBC and Liberty misconstrued the law. The Court stated that “any party against whom a plaintiff may recover benefits or enforce her rights under the terms of the plan is a ‘logical defendant.’ ‘Logical defendants’ include those entities that have either authority to resolve, or any responsibility to pay, benefit claims.” The Court therefore found both Liberty and HSBC to be logical defendants as both either have the authority to resolve or pay benefit claims.

With regards to Liberty’s claim that the Plaintiff failed to exhaust administrative remedies (file application and administrative appeals if denied), the Court stated that “although ERISA typically requires the exhaustion of administrative remedies, when resort to the administrative route is futile, a court is obliged to exercise its jurisdiction…” In layman’s terms, the Court basically questioned why the claimant should be forced to file an application for LTD benefits when it would just be denied by Liberty because the claimant did not satisfy the requirement that STD be received prior to being allowed LTD benefits.

In essence, Liberty attempted to place the claimant in a black hole with no escape and no resort. Thankfully the Federal Court did not buy it and the case is allowed to proceed. The Motion to dismiss was really nothing more than a delay tactic to prevent this claimant from obtaining disability benefits. While this Motion to Dismiss was favorable for the Plaintiff, a disability claimant should always be cautious when considering filing a lawsuit for LTD benefits without first applying for LTD benefits. Every case has different facts and circumstances which must be considered. Contact our disability law firm for a free consultation and review of your disability insurance claim.

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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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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.

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