Disabled client Wins LTD Insurance Lawsuit
Attorneys Dell and Gavidia filed suit against Federal Express (“FedEx”) on behalf of their client, Richard Bilheimer, in Palm Beach County Circuit Court, alleging that their client’s former employer Federal Express had breached the terms and conditions of the Federal Express Short-term Disability Plan by denying Mr. Bilheimer’s claim for disability benefits. Moreover, FedEx prevented Mr. Bilheimer from applying for long-term disability benefits as a result of denying his claim for short term disability benefits.
Shortly after the lawsuit was filed in state court, FedEx removed the case to the U.S. District Court for the Southern District of Florida, arguing that the short-term disability plan was an employee welfare benefit plan governed by the Employee Retirement Income Security Act (“ERISA”), a federal law which governs most employer provided disability, health and life insurance plans.
Attorneys Gavidia and Dell moved to remand the case back to state court and claimed that the short-term disability plan fell within the “payroll practice” exception of 29 C.F.R. § 2510.3-1(b)(2) and was not governed by ERISA. Attorneys Gavidia and Dell also moved to recover attorney fees and costs against FedEx.
U.S. District Judge Kenneth Marra ruled in favor of Mr. Bilheimer, concluding in part, “[t]hat the payroll practice exception to ERISA applies and that remand is appropriate”¦.” The opinion issued in this case is a precedent setting case that will set new standards for the way group disability plans are structured by employers. A claimant is always at a disadvantage if their claim is governed by ERISA, therefore Dell Disability Lawyers are always challenging the applicability of ERISA in all disability insurance claims. Fedex offers short and long-term disability insurance as an employee benefit for thousands of employees. This case is currently pending in Palm Beach County Circuit Court.
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Disability Company Reviews
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Mutual of Omaha
90 days and still waiting
I filed for benefits in July, 2024 with an effective date of 7/30 (after the 14 day wait) and today is October 18th and my claim is still pending. They either don't want t... read more >
New York Life
NY Life Short Term Disability Team is Terrible
I am a physician and was in a high velocity rear impact car accident. The person slammed into my stopped car going almost 50mph. Was not physically or cognitively able to ... read more >
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Sedgwick will use the false need for discovery to deny your claim
Sedgwick will use the false need for discovery to deny your claim for as long as possible to wear you down because you are out of work and need the money.Lie, cheat and ... read more >
Unum
Unum does not act as a fiduciary
I received paycheck from 2 sources at work. I was approved for LTD by Metlife within 40 days, no questions asked. I was approved by NWM which was my private own occupation... read more >
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UNUM denied my LTD claim after 6 months although my health continues to decline
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Horrible STD Service. Run !!!!
For the first time since I can remember my employer did not offer STD as one of my paid benefits so I’m paying for this policy. Had to file a claim on 6-14-25. Went thro... read more >
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Denial for benefits, Sedgwick is the worst
I was not paid for 7 months on STD. My appeal was finally approved, but in the meantime I lost company match on my 401k, and then they canceled my company insurance. Out o... read more >
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