Disabled Georgia man sues Boston Mutual for denial of disability benefits

A Georgia disability attorney recently filed a federal ERISA disability lawsuit against Boston Mutual Insurance Company of America and Disability Reinsurance Management Services (DRMS) to recover long-term disability benefits that were wrongfully withheld.

The plaintiff was employed by Green Island Country Club who contracted with Boston Mutual Insurance Company to provide disability benefits to its employees. By virtue of his employment, the plaintiff was covered by Green Island Country Club’s Overall Welfare Benefit Plan.

The Facts of the Case Against Boston Mutual Insurance Company

The disability policy terms issued by Boston Mutual to Plaintiff defines “disability” and Boston Mutual’s financial responsibilities to disabled Participants as follows:

Plaintiff went on disability October 4, 2007, was found to be disabled, and was paid up until January 2, 2010.

Denial of Boston Mutual Benefits Claim

By letter dated May 14, 2009, Boston Mutual terminated Plaintiff’s benefits due to not enough medical evidence supporting disability claim.

On July 19, 2010, Plaintiff hired services of a disability lawyer who ordered the claims file.

The attorney discovered on or about August 24, 2010 via the claims file that a denial letter was dated December 23, 2009. Plaintiff did not appeal this denial within the 180-day period.

Plaintiff, through the attorney, requested DRMS via certified letter on August 24, 2010 to reopen the file, as it appeared that the Plaintiff was very mentally slow. Plaintiff added updated medical records to the file.

On September 7, 2010, Plaintiff received letter from DRMS that returned all of Plaintiff’s information and that stated that since the Plaintiff missed the 180-day period to appeal by 2 months, DRMS would not reopen Plaintiff’s claim.

On September 13, 2010, Plaintiff, via letter through the attorney, informed DRMS that he was uncertain whether he even received the denial letter from December 23, 2009. Since DRMS did not send the letter by certified mail or via any other traceable method, DRMS could not prove that it was sent, so Plaintiff asks again for DRMS to reopen the file, reiterating again that Plaintiff is very mentally slow.

On September 15, 2010, Plaintiff sends additional information and asks DRMS to reopen the file.

Two more attempts to reopen the file were denied by DRMS, even with an inclusion of a Neuropsychological Evaluation that showed that the Plaintiff had a cognitive disorder that caused severe deficits in his attention, concentration, visual memory, and processing speed.

Disability Lawyer Files Lawsuit Against Boston Mutual And DRMS

According to the lawsuit, Plaintiff alleged that Boston Mutual and DRMS have failed to:

Relief Sought By The Plaintiff In The Boston Mutual And DRMS Lawsuit

As a result of Boston Mutual and DRMS’ actions, the Plaintiff seeks the following relief from the Court:

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FAQ

Do you help Boston Mutual claimants nationwide?

We represent Boston 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 Boston Mutual disability insurance policy?

Our disability insurance lawyers help policy holders seeking short or long term disability insurance benefits from Boston 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 Boston Mutual.

How do you help Boston Mutual claimants?

Our lawyers help individuals that have either purchased a Boston 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 Boston 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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Paul D., MD

Mr. Dell has represented me in my dealings with Unum Provident for over four years. When Unum tried to deny my claim he was able to make Unum understand that I was still disabled and unable to do my job. He has been most effective and honest. I recommend him unequivocally.

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