Panasonic and Microsoft employees sue Prudential in Tennessee and Indiana for denying their disability claims

Two Plaintiffs filed Employee Retirement Income Security Act (ERISA) lawsuits against the Prudential Insurance Company of America in Tennessee and Indiana Federal Court. In both cases it is alleged that Prudential wrongfully denied the claims of both Plaintiffs for long-term disability (LTD) benefits.

The Tennessee Prudential Case

The plaintiff was employed by Panasonic, thereby making her eligible for its long-term disability plan. While working for Panasonic and covered under this LTD plan, the plaintiff ceased work due to a disability. The Plaintiff continues to be disabled as defined by the terms of the Plan.

Prudential has only paid LTD benefits to the Plaintiff through May 30, 2009 despite continuing submission of evidence that the Plaintiff is still disabled. Plaintiff submitted an appeal of the denial and supplied medical evidence to Prudential to show her continuing disability.

Prudential denied the Plaintiff’s appeal on February 11, 2010. Plaintiff appealed a second time and Prudential issued a second denial on March 24, 2011. Due to the Plaintiff exhausting her administrative remedies for LTD benefits, with the help of her disability attorney, plaintiff has filed this lawsuit against Prudential.

The Indiana Prudential Case

The plaintiff in this case was an employee for Microsoft Corporation, thereby making her a participant of the Plan that was insured by Prudential.

While covered under this LTD plan, Plaintiff suffered a disability that rendered her disabled according to the terms of the Plan. Plaintiff made a claim to Prudential for LTD benefits, which Prudential initially approved. However, Prudential eventually terminated Plaintiff’s claim for LTD benefits, claiming that Plaintiff was not disabled under the terms and conditions of the LTD plan.

Plaintiff appealed the decision, which Prudential denied. Plaintiff submitted a second appeal, and again, Prudential denied the appeal. Plaintiff has exhausted her administrative remedies for LTD benefits. She has filed this lawsuit against Prudential, claiming that Prudential failed to pay LTD benefits as described under the Plan and failed to adequately describe any additional material that was needed to perfect her claim, as well as explain why submitting such additional material was necessary when filing her claim.

Relief Sought in the Lawsuits

In both of the aforementioned cases, the Plaintiffs seek the following relief from Prudential in their lawsuits:

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Our lawyers help individuals that have either purchased a Prudential long term disability insurance policy from an insurance company or obtained short or long term disability insurance coverage as a benefit from their employer.

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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.

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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, 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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