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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

FAQ

Do you help Lincoln Financial claimants nationwide?

We represent Lincoln Financial 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 Lincoln Financial disability insurance policy?

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

How do you help Lincoln Financial claimants?

Our lawyers help individuals that have either purchased a Lincoln Financial 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 Lincoln Financial:

  • 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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