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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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.

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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

Bruce R. (Arizona)

Steve Dell has done an exceptional job with my disability application process. The firm is extremely well managed. They have acquired an incredible amount of experience over many years. I recommend them for disability insurance claims without reservation. 

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.

Sandra B. (Arkansas)

I have nothing but good things to say about how my buyout was handled with my disability claim. The level of professionalism was amazing. All of my questions and concerns were answered either by Danielle L. or Alex P. in such a timely manner and with such care I would recommend them in a heartbeat to anyone needing to approach their provider with buyout options.

They did a fantastic job communicating between the provider and me, always keeping my best interest at heart and always answering my many many questions. They really did take most of the stress out of this whole situation. I would give them a 10 out of 10 for every step of this crazy journey. Thank you so much for helping me through this.

Brenda R. (New York)

I needed assistance with an appeal for a LTD claim that was initially denied. Stephen understood what needed to happen to win the appeal and he did win the appeal for me.

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