Kirk & Blum/CECO Environmental Employee Files Lawsuit Against Lincoln Financial Group For Wrongful Termination Of Long-Term Disability Benefits

An attorney has filed a Federal disability lawsuit in Ohio Federal Court against Lincoln Financial Group (Lincoln). The Plaintiff, George P., was employed by Kirk & Blum, a subsidiary of Ceco Environmental, as a metal fabricator. This employment enabled the Plaintiff to be covered by a group insurance policy provided on behalf of Ceco Environmental employees and insured by Lincoln.

In George P. v. Lincoln Financial Group, Plaintiff seeks reinstatement of long-term disability benefits that were wrongfully terminated by Lincoln.

Facts of the Lawsuit Against Lincoln

Plaintiff was employed until April 2009 when he could no longer work due to physical impairments. He was treated by his physician who issued a certificate where he could not work due to limitations imposed by arthritis, hips, and hands, bilateral carpal tunnel syndrome, knee pain, and other ailments.

Plaintiff filed an application for disability benefits after the 180-day Elimination Period, which Lincoln granted, paying the Plaintiff his maximum monthly benefit of $540.00.

Lincoln Terminates Plaintiff’s Long-Term Monthly Disability Benefit Payments

Lincoln informed Plaintiff on August 13, 2010 that it was terminating Plaintiff’s monthly benefits effective October 11, 2010 on the basis that the medical evidence did not support the Plaintiff’s claim that he was still disabled according to the terms of the Plan.

Plaintiff hired an attorney to assist him with his claim. A series of letters were exchanged between the Plaintiff and Lincoln. Plaintiff appealed the denial, but Lincoln denied the appeal even though Plaintiff was approved for Social Security Benefits and has been receiving them since October 2009. Due to exhausting all administrative remedies, Plaintiff has filed this ERISA lawsuit against Lincoln.

Filing Of Disability Lawsuit Against Lincoln

In this lawsuit, the Plaintiff claims that Lincoln committed the following wrongful actions against the Plaintiff:

Plaintiff Wants Following Relief From The Court

Due to the wrongful actions of Lincoln against him, Plaintiff seeks following reimbursement from Lincoln:

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There are 2 comments

  • Debra,

    Unfortunately, if your policy is governed by ERISA you do not have legal recourse relating to “fraud, malice, oppression and insult towards” you. Your only legal recovery is for unpaid benefits. As you have learned Lincoln has taken a position that although you have a diagnosis it does not equate to a disability under the policy. You will have to file an administrative appeal of the denial. Please feel free to contact our office to discuss how we may be able to assist you in filing same.

    Stephen JessupAug 12, 2015  #2

  • I need to file a claim against Lincoln Financial Group for committing actions that constituted fraud, malice, oppression and insult toward me the Plaintiff in wrongfully denying my STD claim for Disability. They had my MRI reports supporting my Erosive Arthritis in my Right Foot and they denied me. How do they go over what a Doctor says and makes a decision without reviewing supporting document’s?

    Disabled in TN

    Debra PaceAug 11, 2015  #1

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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.

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