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Insurance sales agent files a disability insurance denial lawsuit against Liberty Life Assurance Company of Boston

Ricky C. Hampton, an insurance sales agent with Alfa Mutual Insurance Company (Alfa) has filed a lawsuit against his own disability insurance company, Liberty Life Assurance Company of Boston. A position described as light, Hampton was required to work forty hours per week, five days a week and was frequently asked to perform the following duties, all of which were documented in his job description.

Hampton’s typical day consisted of paperwork and calls in the morning and field work in the afternoon. He sat for prolonged periods and also frequently walked, climbed, squatted, bended, stooped, and reached to accomplish his job requirements. Covered under a Liberty Life Assurance Disability plan, Hampton filed his disability claim with Alfa after succumbing to “intractable back and leg pain” in January of 2009. In February 2009, Hampton underwent lumbar spinal fusion surgery. He also underwent rehabilitation and follow-up treatment, and even though Hampton was conscientious to fulfill his therapy treatments, Hampton’s leg pain persisted and continues to disable him from performing his work duties.

Alfa Initially Paid Hampton His Long-Term Disability Benefits

As expected, Alfa paid Hampton his long-term disability benefits from April 9, 2009 until April 16, 2010, at which time, Alfa terminated Hampton’s benefits. This termination was in response to Hampton’s Social Security Disability application; and even though Hampton didn’t qualify for Social Security disability benefits, the insurance provider first offset Hampton’s benefits by the amount they determined Social Security would pay and later terminated Bennett’s disability benefits. Alfa’s decision to terminate Hampton’s benefits was made when Alfa reviewers, who had never actually seen Hampton, determined that Hampton was not disabled by relying on erroneous medical file and failed to check with Hampton’s regular physician to verify their findings.

The reviewer of Hampton’s records determined that Hampton should be okay as a result of his surgery and simply decided that Hampton had to be able to perform his duties as an insurance sales agent. Relying on this reviewer’s report, Alfa terminated Hampton’s disability benefits and closed his file on April 17, 2010.

Unfortunately, Hampton still suffered and continues to suffer from “unrelenting back and left leg pain and numbness.” Hampton describes his pain as being constant, sharp and burning, causing him concentration problems. To battle his pain, Hampton takes a narcotic pain medication which gives minimal relief and interrupts his sleep.

Hampton’s Job History

Hampton performed his duties as an insurance sales agent for eight and a half years prior to his disability, and was required to walk, climb, squat bend, stoop and reach while performing inspections of properties. In his lawsuit, Hampton and his disability attorney allege that the Insurance provider in this lawsuit erroneously concluded that Hampton’s job duties did not require these physical actions and that his chronic back and leg pain would not restrict Hampton from performing his duties as an insurance sales agent. Upon the denial of his claim, Hampton provided Alfa with complete documentation of his disability and requested that the insurer provide an appropriate, in person, evaluation of his condition by an independent doctor and vocational rehabilitation specialist. In response, Alfa, while it acknowledged Hampton’s request, again denied Hampton’s request for reinstatement of his disability benefits and upheld its previous position to terminate Hampton’s benefits.

After obtaining Social Security Disability benefits and providing more medical documentation of his condition, Hampton appealed Liberty Life’s decision on July 19, 2010. Again Alfa reconsidered Hampton’s claim and again denied Hampton his disability benefits. At that time Hampton had exhausted all his claim appeals and was forced to file this subject lawsuit.

Armed with Hampton’s physician’s medical records that Hampton’s medical condition is debilitating, Hampton’s disability attorney filed Hampton’s complaint in the United States District Court for the Northern District of Alabama Middle Division to let a Court decide if Hampton was entitled to his disability benefits as provided in his plan with Alfa.

Hampton’S Complaint Against Alpa

In the complaint Hampton’s disability lawyer notes that:

In his lawsuit against Alfa, Hampton asks for all past due long-term disability benefits, current long-term disability benefits, attorney’s fees, interest, and any other relief the Northern District of Alabama Middle Division Court determines to be reasonable.

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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.

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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:

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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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I contacted the law firm of Dell & Schaefer just to check and see if there was a possibility to settle my claim with UNUM and get a lump sum buyout. BEST decision I have ever made! Cesar called me within 24 hours of me sending a email and he discussed my claim in detail with me. Let me tell you, he not only discussed my claim detail but discussed my future plans and diagnosis, he wanted to make sure the settlement was the right option for my case. We decided to move forward with an offer to Unum for the buyout and within three weeks we had an offer. The offer that Cesar negotiated was not only fair but much more than I expected. And the best thing of all, I no longer have to deal with those monthly phone calls and interviews and having someone harass my doctors.

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