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New Jersey BankUnited employee files suit against Lincoln National

Robert B. and his New Jersey disability lawyer go to battle against The Lincoln National Life Insurance Company to retrieve Robert B.’s entitled disability benefits as promised in his employee disability benefits plan.

Robert B. worked for BankUnited as a wholesale account executive. His job included the solicitation of potential clients and the selling of financial products and services for investment purposes for the bank. His job required a “high degree of mental acuity,” knowledge application of securities, investment plans, and market conditions, as well as the following of banking regulations and the evaluation of the financial situation of potential and current clients.

Background of New Jersey Claimant’s Claim for Disability Benefits to Lincoln National Life

A victim of severe lumbar spine disease, Robert B. ceased work on May 1, 2008. He underwent major lumbar spine surgery and applied for long term disability benefits in September 2008. He underwent a second major lumbar spine surgery in March 2009 as well. Then, on November 23, 2009, Lincoln National Life terminated Robert B.’s long term disability benefits. Robert B. appealed to no avail. Armed with medical records and a letter from his treating physician that opined that Robert B.’s condition in addition to the side effects experienced from his prescription medication made Robert B. incapable of performing his job duties, Robert B. again appealed the insurer’s termination of disability benefits, but was again denied.

New Jersey Claimant’s Physician Appeals to Lincoln National Life to Reinstate Disability Benefits

Robert B.’s treating physician has reiterated by letter to the insurer that Robert B.’s condition has not improved and will most likely progress to further exacerbate Robert B.’s disabled condition. With his opinion backed up by Robert B.’s neurologic surgeon and his orthopedic surgeon, Robert B.’s doctor offered ample evidence to support Robert B.’s continued disabled condition. Unfortunately, Lincoln National Life has chosen to ignore Robert B.’s medical evidence, continues to deny his claim, and now finds itself in a litigation action.

Lawyer Files Complaint on Client’s Behalf in New Jersey District Court

In the complaint, Robert B.’s disability lawyer points out that Lincoln National Life is in violation of the Employee Retirement Insurance Security Act of 1974 (ERISA) in denying Robert B. his disability benefits. His lawyer continues by pointing out that Robert B. has “sustained, and continues to sustain, economic loss and damage” as a result of Lincoln National’s termination of his long term disability benefits. Consequently, the two petition the United States District Court for the District of New Jersey for:

  • A judgment against the insurer;
  • Reinstatement of Robert B.’s long term disability benefits;
  • Retroactive and ongoing disability benefits;
  • Future disability benefits;
  • Award of other “attendant employee benefits”;
  • Award of Attorney’s fees; interest; and costs of suit.


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