South Carolina disability attorneys sue Liberty Mutual three times in one week for denial of disability insurance benefits

Liberty Mutual finds itself back in court having to prove to a judge the validity of their reasons for denying yet another long-term disability insurance benefit claim. This time it isn’t just one lawsuit filed by a disability attorney on behalf of one plaintiff. As a matter of fact, the same disability attorney filed three separate Federal lawsuits against Liberty Mutual on behalf of three individual plaintiffs living in different jurisdictions.

A disability attorney recently filed a civil complaint on behalf of three individual plaintiffs against Liberty Life Assurance Company of Boston (Liberty Mutual) due to Liberty Mutual denying long-term disability benefits to Cynthia Judd, Victoria Carraway, and Sherry Watson. All three cases were filed in United States District Court for the District of South Carolina, but in different divisions – the Greenwood Division for Ms. Watson; the Greenville Division for Ms. Judd; the Florence Division for Ms. Carraway.

In what seems to be a recurring theme, the disability attorney representing Carraway, Judd, and Watson alleges that a conflict of interest exists since Liberty Mutual acts as the fiduciary, insurer, and claim administrator for the long-term disability insurance policies held by each respective plaintiff. With that being the case, such a conflict makes it easy for Liberty Mutual to be in the position of denying a disability insurance claim.

The South Carolina disability lawyer for the three women also contends that Liberty Mutual failed to acknowledge, and thus ignored, evidence that was relative to each of the plaintiffs’ original claims for disability insurance benefits. The disability attorney from South Carolina continues by saying that the opinions rendered by Liberty Mutual were biased and flawed, and “not based upon substantial evidence or the result of a principled and reasoned decision-making process.” It is alleged that Liberty Mutual acted arbitrarily and capriciously when they rendered their decision to deny Carraway, Judd, and Watson their disability insurance benefits.

The South Carolina disability attorney for Carraway, Judd, and Watson asks the court to take in to consideration case law regarding an appeal made by Lisa Champion against Black & Decker Inc. before the Fourth Circuit of Appeals in 2008. Although Ms. Champion lost her appeal, the Fourth Circuit recognized there are certain factors that must be considered when it comes to paying benefit claims. Such recognition is based upon a Supreme Court ruling from 2008 (Metropolitan Life Insurance Company v. Glenn) which clarified determining whether a conflict of interest exists within an insurance company. During litigation, an experienced disability attorney will conduct discovery in order to determine the extent of Liberty Mutual’s structural conflict of interest. Keep in mind that each case has its own unique characteristics and the outcome for each case could produce different results than the other two cases.

Carraway, Judd, and Watson are asking the court for judgment against Liberty Mutual in order to receive unnamed sums of money for disability insurance benefit payments, attorneys fees, and other relief the court deems fit. The disability attorney for the three ladies will establish the appropriate sums of money to which his clients are entitled

Of course, Liberty Mutual will do its best to demonstrate that they acted in good faith in each of the three cases when they denied disability insurance benefits to Carraway, Judd, and Watson.

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There are 2 comments

  • George,

    It is important that you submit as much medical and occupational information as possible with your appeal. You must submit your appeal timely. You should have your treating doctor submit a statement in response to Liberty Mutual’s medical review. If you would like assistance with your appeal or if your appeal is denied, please contact us to discuss your options.

    Gregory DellMar 24, 2012  #2

  • I have been denied long term disability by Liberty Mutual. I work at Home Depot and started having extreme lower back pains as of December 2011 and out of work since. I collected short term New Jersey disability from Dec. 2011 to May 2012 – 6 months, which is the max. I am sending in another letter disputing the denial. On the basis that the only case they have for a denial is based on a commendation from MCMC (customer base to MCMC referral services division) paid by Liberty Mutual, for that service. I have been through surgery and treatment since December 2011. At this point I can hardly walk, can’t stand without support. I retired from another job and wanted to work to pay-off loans.

    George J. RoessnerMar 24, 2012  #1

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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.

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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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Bruce R. (Arizona)

Steve Dell has done an exceptional job with my disability application process. The firm is extremely well managed. They have acquired an incredible amount of experience over many years. I recommend them for disability insurance claims without reservation. 

Don (Florida)

I called this firm a few months ago completely disparaged due to a company cutting off disability benefits at a time that nearly caused me to lose everything.

Attorney Alex Palmera and Danielle worked hard to reach an amicable settlement and my case was settled a few months later. This is a good firm and the specific expertise in disability claims saved me countless hours of hassle at a time when an already fragile state existed.

Thank you Mr. Palamara and Danielle.

Sandra B. (Arkansas)

I have nothing but good things to say about how my buyout was handled with my disability claim. The level of professionalism was amazing. All of my questions and concerns were answered either by Danielle L. or Alex P. in such a timely manner and with such care I would recommend them in a heartbeat to anyone needing to approach their provider with buyout options.

They did a fantastic job communicating between the provider and me, always keeping my best interest at heart and always answering my many many questions. They really did take most of the stress out of this whole situation. I would give them a 10 out of 10 for every step of this crazy journey. Thank you so much for helping me through this.

Brenda R. (New York)

I needed assistance with an appeal for a LTD claim that was initially denied. Stephen understood what needed to happen to win the appeal and he did win the appeal for me.

Michael C. (Virginia)

Greg Dell and his assistant Anneli have been extremely responsive and helpful, not only our initial consultations, but in follow-ups 1 and 2 years later with the insurance company to ensure that they comply with their agreements (which they did), as well as a separate and only slightly-related inquiry about our health insurance. I always hear back from them very quickly, which is rare and greatly appreciated.

Jeff P. (Oklahoma)

After a very long and frustrating ordeal to keep my LTD payments coming I decided to seek assistance from and attorney. After much research and asking those in the legal profession Dell & Schaefer seemed to be the top choice. I reached out and Alex Palamara was the attorney assigned to my case. All I can say is the experience was outstanding. Both Alex and his Paralegal, Danielle Lauria were excellent to work with. They were very kind, concerned, understanding of my frustrations and treated me with the utmost respect. Communication was excellent with regular updates and telling me what I could expect in each stage of the process.

Alex was also very straight forward with what to expect and no pie in the sky promises or expectations were made. In the end we won our case and I believe it was solely due to their experience and knowledge of not only the laws but the insurance companies as a whole. I would highly recommend them and am very grateful for the help they afforded to me.

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