• Liberty Mutual Of NY Disability Benefit Denial Reversed After Two Denials In One Year
  • Liberty Life Disability Denial Claim Help
  • Liberty Mutual Wrongfully Denies Disability Benefits for a Pediatrician with Depression
  • Liberty Mutual Denial of Disability Benefits to Allstate Employee is Reversed
  • Liberty Mutual Long Term & Short Term Disability Insurance Claims (Ep. 12, part 1)
  • Liberty Mutual Long Term & Short Term Disability Insurance Claims (Ep. 12, part 2)
  • Liberty Mutual Relies On Video Surveillance to Deny Disability Benefits

Liberty Mutual sued in Tampa Federal Court for denying long term disability insurance benefits

An ERISA disability lawsuit was filed against the Liberty Life Assurance Company, this time in Federal Court in the Middle District of Florida. Andrea Medders was forced to file suit after her administrative appeals were denied and Liberty Life, also known as Liberty Mutual refused to pay her long term disability benefits.

In the suit, Ms. Medder’s tampa disability attorneys argues that Liberty Life did not afford her with a full and fair review of her disability claim and utilized an unreasonable claims handling process. Additionally, Ms. Medder’s tampa disability lawyers also allege that a serious conflict of interest exists for Liberty Mutual. Liberty Mutual makes the final decision to approve or deny claims under the policy. If the claim is approved, Liberty Mutual is then responsible for paying claimants, such as Ms. Medders, the benefits they are due. This creates a conflict for Liberty Mutual between its duties to Ms. Medders as an ERISA fiduciary and its duties to its shareholders as a for-profit corporation.

Lastly, Ms. Medders argues that the Court should allow her to present evidence of her disability under the de novo standard instead of the “abuse of discretion” standard. In ERISA cases, the default standard of review is “de novo” unless the governing disability policy grants discretion to the insurance carrier. It is very rare to see employer provided disability insurance policies that do not grant this discretion to the carrier, thus most ERISA cases tend to be subject to judicial reviews that only allow the court to determine if the carrier abused its discretion. If the abuse of discretion standard is used, although there may be sufficient evidence to support a finding of disability, the court will uphold the carrier’s decision to deny if there is a reasonable explanation for the denial. If the court is allowed to use the “de novo” standard, the court is can review the decision with a more critical eye. The Court then has the right to look at the evidence and evaluate whether the carrier’s decision was right, not just reasonable.

With this lawsuit, Ms. Medders is seeking a judgment for the disability benefits that she is due pursuant to the contract, plus interest, costs and attorney fees. Disability Attorneys Dell & Schaefer are not representing Ms. Medders in this lawsuit.

There is one comment so far

  • This is not an Insurance Co. it is a racketeering ring. I won a fully fav. to me decision in SSA paid me wrong this Company took everything. We sent them the proof over and over again. Now they will not talk to me. I have a payee through SSA they never once spoke to him. Offset % of my payments and sent w2’a to the IRS all that time stating I was paid. I paid taxes on money I never received because of them. While they did all this they sent me to a Collection agency telling them I was not paying anything the collection agency stopped collecting from me when they found out what they where doing. Wow. We now have an Attorney helping us that informed us we have to fix the mess this “Insurance Co.” left at SSA 11 years ago.

    Melinda Goldman Mar 20, 2015  #1

Leave a comment or ask us a question

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.

Dell & Schaefer Client Reviews   *****

John S.

Integrity and honesty is an important attribute to me. My Dell & Schaefer (D&S) attorneys meet and share these attributes. D&S have an entire staff dedicated to serving their clients. They’re all very approachable and friendly while keeping the client’s best interests at the forefront. You can contact or call them at the drop of a hat and they’ll assist you. You’re not treated like a number; you’re a respected individual and friend. They care. That’s how they make me feel. They often ask how I’m doing; how I’m feeling (I’m in a lot of pain). Most of all, under their protective umbrella, you don’t have to deal with the insurance company. D&S does all that. They keep things straight. It’s comforting. I would not hesitate to recommend them first and foremost for any disability legal needs.

I’m a retired Army Soldier. I’ve been disabled for about four and a half years. I was working for a company (post-military retirement) when I became disabled after an unsuccessful service connected C-spinal surgery that caused me serious complications. My disability is permanent. I had disability insurance with the company that I worked for as an added benefit. After I went down, and once I met the 6 month period for long term disability, the Hartford insurance company began paying monthly disability payments; however, they were always requesting additional information. It was always repetitive information, non-stop, i.e., asking for the same information I had provided only a few months prior.

They wanted repetitive doctors’ statements. I saw many doctors in my state in an attempt to fix or reverse what was damaged during my surgery in an attempt to return to work. My doctors all said the same thing. My medical condition was permanent. They all said I would not improve or get any better through more surgery or physical therapy. In fact, it might have gotten worse if I tried more surgery. There was nothing the neurosurgeons could do for me other than pain management, and continued PT for pain management to improve my quality of life. My disability insurance company continued to hound me for additional information despite what the doctors had already provided to them. It was ridiculous and it was obvious that the insurance company was trying to find anything to negate the policy.

About 18 months ago the Hartford insurance company requested an “in-home” interview with me. Despite the fact that my medical documentation was excellent and well documented regarding my disability, I had grown tired of dealing with this company on my own. It had become stressful to the point that my health was suffering even more. I had no idea how to handle this powerful company at the pending interview and I felt I needed legal representation to get them off my back protect my rights during the interview. That’s when I decided to enlist the help of Gregory Dell. I found him on the internet, watched several of his You-tube videos, and I was convinced that he was the legal representation I needed to guide me and protect me from this insurance company and my right to disability benefits.

From the moment I contacted Gregory Dell and his attorney associate Alex Palamara, the lead attorney who handles my case, I was treated with respect and dignity. With little notice, both of these attorney’s guided me through a successful interview with the insurance company. They were present (via telecom) during the entire interview, which took about two hours. They had told me to be myself and to be totally honest with the investigator during the interview. That I was, but when I was offering too much information to the investigator, they would tell me when to stop. They’re experts in disability legal matters. I’m not and I listened carefully to their advice and direction. I’m glad I did.

***** 5 stars based on 202 reviews

Speak With An Attorney Now

Request a free legal consultation: Call 800-682-8331 or Email Us