Insured’s Lawsuit Dismissed By Massachusetts Federal Court For Being Filed Too Late

On September 11, 2013, a Massachusetts Federal Judge ruled that a long term disability insurance claimant whose monthly benefit had been underpaid by MetLife since 2005 was not able to collect the money owed as he waited too long to bring a lawsuit. No portion of this disability claim was handled by Attorneys Dell & Schaefer.

The plaintiff in this case argued that each month that MetLife underpaid his monthly disability benefit constituted a new “cause of action” and a violation of ERISA and that extended the/created a new Statute of Limitations (timeframe) for which to bring a lawsuit. Unfortunately, the Court did not agree.

When did the Statute of Limitations begin?

In rejecting the Plaintiff’s theory that with the issuance of each underpaid monthly benefit a new cause of action to sue MetLife occurred, the Court reviewed the applicable caselaw in various circuits around the country and reviewed the spirit and meaning of ERISA. The Court noted that under ERISA, a cause of action accrues when a Plaintiff reasonably becomes aware of the interference with his rights – in this case when he first learned he was being underpaid in 2005. As such MetLife’s clear violation in 2005 of the Plaintiff’s right to a greater monthly benefit amount required the Plaintiff to bring legal action within the applicable statute of limitation as commencing in 2005 and failure to do so has barred the Plaintiff from recovering the owed money – even though MetLife was in the wrong.

Is your benefit amount correct?

If you have any concerns that your long term disability insurance carrier is not paying the correct monthly disability benefit, then contact our disability insurance lawyers for a free consultation to discuss your claim.

View more Metlife disability claim cases and user comments on this page.

Attached PDF document: copy of the case.

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FAQ

Do you help MetLife claimants nationwide?

We represent MetLife 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 MetLife disability insurance policy?

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

How do you help MetLife claimants?

Our lawyers help individuals that have either purchased a MetLife 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 MetLife:

  • 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.

Reviews   *****

Russel H. (Texas)

My experience is as such. I suffer from a variety of mental health issues the biggest being severe PTSD. When I had lost all hope the Good Lord guided me to Attorneys Dell & Schaefer. My assigned lawyer, Stephen Jessup, was the most understanding and compassionate human being I had come across since my breakdown. He not only guided me legally, but his kind words and understanding helped me spiritually as well. His co-worker, Sonia, was a heaven-send as well. Her kind words and prompt responses were amazing. Both Stephen and Sonia will never understand how blessed I am that they came in to my life at my darkest hour. Their work ethic and rigorous efforts towards my case gave me not only a win but it gave me justice and at the end of the day that’s all I wanted. I went in to this case with legal counsel and I left this with great friends. I was always informed, spoken to with the utmost respect and sincere compassion.

Stephen and Sonia, y’all are my silver lining in humanity. I’m a better person today having met you both even if only by phone and email.

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