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Reliance Standard Insurance Company and Lincoln National Life Insurance Company attempt to avoid payment of disability benefits by ignoring claimant’s application

Eric Wilson has brought a lawsuit in the United States District Court of the Eastern District of Louisiana against Reliance Standard Insurance Company and Lincoln National Life Insurance Company because the companies have refused to reply either pro or con to his petition for disability benefits in compliance with his insurance policy contract.

Background of Wilson’s Disability Benefits Claim

Reliance and Lincoln National issued an insurance policy to Eric Wilson when Wilson was employed at Centaur LLC and/or Associated Terminals in the Parish of Orleans, State of Louisiana. At the time of his disability application, Wilson was in possession of a valid short and long term disability insurance policy provided to him through his employer. On September 29, 2009, Wilson was injured at his job. He sustained injuries to his neck and back. Having met the requirements to be classified as medically disabled, Wilson applied for his disability benefits on March 15, 2010. Wilson was not awarded benefits nor did he receive a response about his application from either Reliance or Lincoln National.

He filed an appeal of his disability claim with the insurance providers on May 17, 2010 and included documentation and verifying medical records to corroborate his disability. Again, his request to have his claim evaluated was ignored. In his lawsuit, Wilson states that his treatment by Reliance and Lincoln National was both arbitrary and capricious. After filing his second appeal, which again resulted in no response from the insurance providers, Wilson filed a third appeal on June 30, 2010 as well as a fourth appeal on January 20, 2010.

Again and again, Reliance and Lincoln National failed to deny, approve, or acknowledge either Wilson’s original claim or his appeals. Consequently, Wilson has resorted to hiring a disability attorney and filing a lawsuit in the United District Court of the Eastern District of Louisiana in an attempt to force Reliance and Lincoln Nation to, at the very least, respond to his application. As of the filing of the lawsuit, neither Reliance nor Lincoln National have paid any retroactive benefits or any disability benefits, and in fact, have not acknowledged Wilson’s claim at all.

Wilson has asked for damages as provided by ERISA and Louisiana contract law because of the insurance provider’s actions and lack of actions in excess of $ 600,000.00 and asks for damages for his emotional and psychological damage. Specifically Wilson and his disability lawyer enumerate Wilson’s damages to include:

Legal Merits of Wilson’s Disability Claims

As stated in his claim, Wilson relies on Louisiana Civil Code, Article 2315, which would support that Reliance and Lincoln National are liable “for acts causing damages” that entitle Wilson to recover from “every act whatever of man that causes damage to another obliges him by whose fault it happened to repair it.” In addition, Wilson’s claim is made under Louisiana Civil Code, Article 2316, entitled “Negligence, imprudence or want of skill,” which states that “every person is responsible for the damage he occasions not merely by his act, but by his negligence, his imprudence, or his want of skill.”

Finally, and probably most importantly, Wilson bases his claim on Reliance and Lincoln National’s breach of their contract with him to provide Wilson with disability benefits when he qualifies for disability benefits under his contract with the insurers. A breach of contract means that a party has failed to adhere to the promises that party made in a contract and thus allows the damaged party to seek legal remedies for the breaking of those promises.

In his complaint, Wilson petitions the Court to force Reliance and Lincoln National to appear and answer his complaint. He also requests that a judgment be granted in favor of Wilson and that Reliance and Lincoln National be penalized for their actions; or in this case, their inaction.

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Can you help with a Lincoln Financial disability insurance policy?

Our disability insurance lawyers help policy holders seeking short or long term disability insurance benefits from Lincoln Financial. We have helped thousands of disability insurance claimants nationwide with monthly disability benefits. With more than 40 years of disability insurance experience we have helped individuals in almost every occupation and we are familiar with the disability income policies offered by Lincoln Financial.

How do you help Lincoln Financial claimants?

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

Our experienced lawyers can assist with Lincoln Financial:

  • ERISA and Non-ERISA Appeals of Disability Benefit Denials
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  • Applying For Short or Long Term Disability Benefits
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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.

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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, 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.

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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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Steve S. (Utah)

I was in a difficult situation dealing with a disability claim. Once I spoke with Stephen Jessup, that ball started rolling and progress was made. He and his assistant Sonia made a point to stay in contact and made it very simple for me to keep them aware of my status as time passed.

I have a lot of legal experience and Stephen and Sonia treated me with respect, and talked honest and openly with me throughout the conclusion of my claim.

I would strongly recommend using Stephen Jessup to anyone who needs help. It would have been very difficult to have fought for my rights alone.

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