Medical Doctor Suffering From Disabling Chronic Conditions Sues AXA Equitable For Wrongful Denial Of Disability Benefits

A Montana disability lawyer recently filed a federal lawsuit against the AXA Equitable Life Insurance Company (AXA). The Plaintiff, Marise J., M.D., was employed as a licensed medical doctor and was board certified in internal medicine. She had been practicing medicine for over 30 years.

In Marise J., M.D. v. AXA Equitable Life Insurance Company, Disability Management Services, Inc., and Does A-E, Inclusive, Plaintiff has filed this v to recover disability benefits that have been wrongfully withheld by AXA.

The Facts of the Case Against AXA

Plaintiff had a policy with AXA (formerly “The Equitable Life Assurance Society of the United States”) since October 4, 1987 that provided coverage for “Total Disability” and “Residual Disability.” The Plan provided up to $2,500 per month of coverage for Total Disability and a basic benefit for Residual Disability dependent upon the loss of Prior Monthly Earnings due to the inability to perform occupational duties.

On February 11, 2010, Plaintiff filed a claim for Residual Disability benefits due to the fact that she was suffering from disabling chronic conditions that impaired her ability to perform duties necessary to her practice. AXA notified Plaintiff on February 12, 2010 that her claim had been referred to DMS for continuing claim management and administration.

No Response From AXA Regarding Plaintiff’s Claim

Nineteen months have passed, but AXA still has not confirmed Plaintiff’s claim. Plaintiff continues to work reduced hours due to her disabling chronic conditions. She has been under the care of several physicians regarding her continuing condition. The failure of AXA to approve Plaintiff’s claim has led to much financial and emotional damage for the Plaintiff.

Disability Attorney Files Disability Lawsuit Against AXA

The lawsuit alleges that AXA failed to provide the following to the Plaintiff:

Plaintiff Seeks Following Relief From AXA

Due to AXA’s actions, Plaintiff wants the following relief by the Court:

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There are 4 comments

  • Johnny,

    Your policy likely requires you to attend the examination. Failure to appear will result in a termination of your contract and all disability benefits. You can try to undergo your own psych testing before they send you to a hired gun. Give us a call and we can discuss some options with you. Beware of malingering as it a defence favourite for denying claims.

    Gregory DellMar 14, 2013  #4

  • I have been on claim with Equitable for 4 years. Now they want a neurophysco testing done a.k.a. test for malingering. I have two docs now that fill out my claim forms quarterly, what is it they are trying to do with an IME, kick me by their curb? Do I have to go and have this neurophysco test done – which of course will be in my Obama file and I am sure will have to surrender my 2nd amendment rights – please advise.

    Thank you!
    Johnny

    Johnny GeeMar 13, 2013  #3

  • Raymond,

    We are sorry to hear about the stall tactics you are experiencing from Disability Management Services. If we can assist you with your claim, then please contact us for a free consultation. You need make sure they have all your medical records and keep their feet to the fire.

    Gregory DellJan 30, 2013  #2

  • Axa, Equitable and Disability Management – have been stalling my claims several times with little to no payment, after a recent car accident after work that put me in hospital with severe concussion, neck and back injuries. Now, after giving them all documents requested, they continue to request so call documents not received. Just stalling! My last claim after falling in hole and ankle surgery they paid two monthes. Although my ortho Dr. kept me in therapy over 18 months for RDS and neck and back related disc problems, besides a lame foot.

    Raymond Ruscito Sr.Jan 29, 2013  #1