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Disability lawsuit filed against The Standard Insurance Company for denial of disability benefits to man suffering with hepatitis C

Our Client, Mr. B worked as a Traffic Central Worker II, often for long hours installing traffic sign throughout Broward County. Despite his strong ambition to work, Mr. B suffered disabling symptoms arising from chronic hepatitis-C, which in turn prevented him from continuing the job he maintained for a number of years.

Mr. B made a claim for disability benefits under his group long-term disability policy with Standard Insurance Company.

Mr. B’s group long-term disability policy was issued through his employer, the Broward County Board of County Commissioners, a governmental entity. Even though Mr. B’s policy was issued to him through his employer, because he worked for a governmental entity, his claim for long-term disability benefits was exempt from the Employee Retirement Income Security Act (ERISA), and governed by Florida law.

The long-term disability policy contained the following definition of disability:

During the Benefit Waiting Period and the Occupation Period you are required to be Disabled only from your own occupation. You are disabled from your own occupation if, as a result of Sickness, Injury or Pregnancy, you are unable to perform with reasonable continuity the material duties of your own occupation.”

Within two months and without so much as having his claim reviewed by a physician, Standard denied Mr. B’s claim for disability benefits.

Mr. B retained Attorneys Dell & Schaefer to pursue Standard for payment of his disability benefits. Attorneys Gregory Dell & Cesar Gavidia have filed a lawsuit in Broward Circuit Court seeking all past due disability benefits, attorney fees, cost and interest.



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