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Liberty Mutual Ordered to Pay Attorney Fees in Disability Denial Lawsuit

Liberty Mutual loses a disability claim and they still keep fighting. In a long term disability denial ERISA lawsuit against Liberty Mutual, and Indiana Federal Judge held that Liberty abused their discretion and remanded the case back to Liberty to re-evaluate the claim. The courts decision to remand the case means that Liberty Mutual essentially gets another chance to try to deny disability benefits. In most remands the insurance company will reinstate benefits, so it is likely that this claimant will prevail.

Unfortunately in this case, Liberty tried to argue that the claimant’s attorney fees should not be paid as the claimant was not awarded benefits. The court rejected Liberty’s argument and award $35,000 in attorney fees. It is insulting that Liberty would expect the claimant to be able afford the cost of litigating his claim. The court even awarded attorney fees for the time spent by claimant’s attorney arguing to receive attorney fees. This claim was not handled by our firm.

In making a decision to award Attorney Fees the court stated:

there is a “modest presumption” in favor of awarding attorney’s fees, and the inquiry is whether the losing party’s position had a reasonable or “solid” basis in law and fact. E.g., Harris Trust, 57 F.3d at 616-17. Under this approach, the Court finds that Claimant is entitled to fees because Liberty Life’s position does not have a solid basis in fact and no special circumstances would otherwise make an award unjust.

Great Victory For Disability Claimant’s Seeking Attorney Fees in ERISA Cases

This case is a good victory for disability claimants as it sends a message that insurance companies are more likely than not going to be responsible for paying attorney fees and cost if a claimant wins their disability lawsuit. If your claim has been denied and your are seeking assistance, then please contact us at 800-682-8331 for a free phone consultation. In all of our disability claim denial cases we never charge any fees or costs unless we win your claim.

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Questions About Hiring Us

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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When I first learned of my disability I was very lucky to have gone to Dell & Schaefer right off the bat. I had heard how difficult it was to deal with the insurance companies, and quickly learned NOT to talk to them directly, as every bit of information they gleaned from you was often used to your disadvantage.

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