Prudential Insurance Company of America recently sued three times under ERISA for denying disability benefits

Three different lawsuits were recently filed under the Employee Retirement Income Security Act (ERISA) against the Prudential Insurance Company of America in Federal Courts by attorneys in Kansas, Oklahoma, and Pennsylvania for failing to pay disability benefits.

The First Case

The plaintiff through a disability attorney filed a lawsuit in the United States District Court of Kansas. The plaintiff participated in a disability insurance plan provided by Prudential, who was the plan administrator for the long-term disability insurance plan.

Plaintiff incurred a work-related injury and developed Complex Regional Pain Syndrome (CRPS), usually referred to as Reflex Sympathetic Dystrophy Syndrome (RSD), which caused Plaintiff’s current disability. The plaintiff applied for long-term disability benefits and received them for 24 months.

On May 10, 2010, Prudential wrongly terminated Plaintiff’s long-term benefits, as the Plaintiff has shown throughout this ordeal that she has continually received treatment for CRPS by physicians at the Pain Management Associates of Kansas City, Missouri. Prudential’s physician, Dr. Hemal V. Mehta, came to the same conclusion as the Plaintiff’s physicians that gainful employment would be very unlikely due to her condition.

Prudential had a Vocational Rehab Expert review Plaintiff’s file to identify possible employment opportunities, which were identified to the Plaintiff in a letter dated April 21, 2011, though Plaintiff’s physicians disagree with this suggestion. Plaintiff alleges that Prudential improperly terminated the disability benefits to which the Plaintiff was entitled under the terms of the Plan.

The Second Case

This lawsuit was filed at the United States District Court for the Northern District of Oklahoma by a disability lawyer. The Plaintiff in this case was employed as a General Technician for IC Bus, L.L.C. a/k/a IC of Oklahoma (“IC Bus”). She was provided with an LTD coverage plan that was fully insured by Prudential. At the same time, Prudential was also the Claims Administrator for the plan. In this case, it was alleged that Prudential in denying the plaintiff’s claim for LTD benefits was based on incorrect, unreasonable, and arbitrary and capricious findings and reasoning.

The Third Case

The final case was filed by a disability attorney at the District Court for the Western District of Pennsylvania. In this case it was alleged that Prudential’s decision to rely on the sole opinion of their medical expert that the Plaintiff could still work despite her fibromyalgia and other debilitating conditions to deny the plaintiff’s claim for LTD benefits was arbitrary, capricious, in bad faith and was in violation of the provisions of ERISA.

Relief Sought in the Lawsuits

In all of the above mentioned cases, the relief sought by the plaintiffs from Prudential in their lawsuits comprises of:

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FAQ

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.

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