Lincoln Financial

LFG paid my brother's claim in 2013, but they are refusing now – for the same condition

Reviewed by Joan C on September 23rd 2015   Verified Policyholder
My brother has been disabled twice for the same mental illness. The first time Lincoln Financial paid his claim without any problems (2013). This time he was disabled at his job for the same mental illness and he was denied. We appealed it and was denied again. I filed a complaint on his behalf with the Department of Insurance for the State of California. They still stand that they are denying short term disability for my brother. We have a chance to file a final appeal by 3/2016. It is frustrating how difficult they are being as opposed to the last time where they just sent a check after my father and I helped fill out all the paperwork on my brother’s behalf because he was in the hospital. I plan to file the final appeal on my brother’s behalf and if that doesn’t work I will go back to the Department of Insurance and ask for a independent medical review.
Reply
Sent on September 23rd 2015 by Attorney Stephen Jessup

Joan, if your brother’s policy is governed by ERISA the Department of Insurance may not have a say in any denial as ERISA trumps state law remedies. Meaning the only remedies available to your brother would be those available under ERISA. Please feel free to have your brother contact our office to discuss his claim in greater detail.