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Liberty Life Assurance Company of Boston sued under ERISA in three different cases for denial to pay disability benefits

Recently, three federal lawsuits were filed under the Employee Retirement Income Security Act (ERISA) against the Liberty Life Assurance Company of Boston. In all three cases that were filed through the respective plaintiffs’ disability attorney, Liberty was alleged to have improperly denied the plaintiffs their claims for disability (LTD) benefits.

The First Case

A DirectTV Employee, through an Oklahoma disability attorney, filed an ERISA lawsuit in the District Court for the Northern District of Oklahoma. The plaintiff was employed as a Customer Service Representative for DirectTV Group, Inc. While working for DirectTV, the plaintiff participated in a disability insurance plan provided by Liberty Life Assurance Company of Boston to its employees. Liberty was the plan administrator for the disability insurance plan.

The plaintiff received injury to her lumbar and cervical spine; due to chronic pain and restrictions from that injury, she ceased working at DirectTV on or about July 16, 2010. In July 2010, Plaintiff initiated a claim for short-term disability benefits and received them. After surgery, Plaintiff returned to work at DirectTV on a part-time basis, with her payments being reduced accordingly.

By December 2010, subsequent medical treatment was needed and she was scheduled for decompression and fusion surgery. Liberty upgraded her claim to “severe case management” and approved continued payment of STD benefits through the STD period. Liberty also transferred the claim to a long-term disability (LTD) manager.

However, the surgery didn’t take place because Blue Cross and Blue Shield refused to pay for the surgery. Plaintiff ceased all part-time work on or about January 2, 2011 due to lingering pain. By February 9, 2011, a Liberty case manager recommended the denial of her LTD claim based on an own occupation analysis. A letter was sent to Plaintiff on February 10, 2011 indicating this denial.

Plaintiff appealed Liberty’s decision on April 14, 2011, submitting additional information and records to prove she was totally disabled according to the Plan. Despite reviewing her file, Liberty denied her claim again on May 27, 2011. Exhausting her administrative remedies, Plaintiff filed this lawsuit.

The Second Case

An employee of United Technologies Corporation filed an ERISA lawsuit in the District Court for the Southern District of Texas with the help of a disability attorney. The plaintiff in this case was provided with a LTD coverage plan that was fully insured by Liberty. Liberty was also the Claims Administrator for the plan. In this case, it was alleged that Liberty had an inherent conflict of interest and that the Plan did not give the Plan Administrator “discretion” to make the said decisions within the plain language in the Plan, leading to the denial of the plaintiff’s claim for LTD benefits, leading to the filing of this lawsuit.

The Third Case

The final case was filed by a disability attorney at the District Court for the Southern District of West Virginia, it was alleged that Liberty had unjustly denied the plaintiff’s claim for LTD benefits, violating the terms of the Plan and the provisions of ERISA.

Relief Sought in the Lawsuits

In the previously mentioned cases, the relief sought by the plaintiffs from Liberty in their lawsuits comprises of:

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FAQ

Do you help Liberty Mutual claimants nationwide?

We represent Liberty 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 Liberty Mutual disability insurance policy?

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.

How do you help Liberty Mutual claimants?

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:

  • 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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