Wells Fargo disability claimants in Alabama and Florida file lawsuits against Liberty Life Assurance Company of Boston for unpaid long term disability benefits
Recently, two Wells Fargo employees were forced to file Federal Lawsuist against Liberty Life after being denied disability benefits. Utilizing the services of an Alabama and a Florida Disability Lawyer, the two lawsuits are currently pending. Let’s take a closer look at both cases:
Alabama claimant, Rita S., and her attorney filed a lawsuit against Liberty Life Assurance Company of Boston in the United States District Court for the Northern District of Alabama Southern Division on August 22, 2011 in an attempt to receive payment on Rita’s rightfully deserved disability benefits. Employed as a Wells Fargo teller, Rita ceased working on April 9, 2007 as a result of multiple medical problems. Her medical issues included “fibromyalgia, restless legs syndrome, arthritis, advanced degenerative disc disease, neck pain and medication side effects.” She remains unable to perform her teller job or any other position.
Attorney files suit against Liberty Life on behalf of Wells Fargo Teller
At first, Rita was awarded her Liberty Life disability benefits, but later the insurer terminated those disability benefits. After exhausting all her Liberty Life disability benefits administrative appeals, Rita hired a disability attorney and awaits the district court’s decision concerning her eligibility or ineligibility for disability benefits. In their complaint, Rita and her disability lawyer surmise that the insurer was wrong in terminating Rita’s disability benefits and that this action “constituted a breach of [Liberty’s] obligation under” the benefits plan, violates ERISA and is “arbitrary and/or capricious.” Consequently, Rita and her disability attorney are suing the insurer for “compensatory damages and/or equitable relief in an amount to be determined by the Court,” in addition to pre-judgment and post-judgment interest, attorney’s fees and court costs.
Lawyer files suit against Liberty Life on behalf of Wells Fargo Lead Teller
On September 16, 2011 Florida Claimant Kathleen S. and her disability attorney filed suit against Liberty Life Assurance Company of Boston for her disability benefits compensation. A Wells Fargo employee, Kathleen was working as a lead teller when she was forced to stop working due to her disabled condition. Fully qualifying to receive her Liberty Life disability benefits, Kathleen applied for disability benefits in May 2010 when she succumbed to her disabling condition of SLE (Systematic Lupus Erythematosus, chronic pain, gastritis, chronic and severe fatigue, depression, and fibromyalgia with “significant limitations.”
May 7, 2010 was the date when Kathleen became disabled and has not returned to work since that time. On January 11, 2011, Liberty Life informed Kathleen that she did not deserve to collect long term disability. According to the insurer, she does not qualify as “disabled.” Appealing this decision, Kathleen provided physician testimonials that verified her disabled condition to no avail. In the face of three physician recommendations that Kathleen should not return to work as well as Kathleen’s award of Social Security Disability benefits, the insurer continues to state that Kathleen is capable of gainful employment. Thus, Kathleen, through her attorney filed suit against Liberty Life in the United States District Court of Southern Florida Fort Lauderdale Division and asks the court for relief.
In the subject complaint, Kathleen and her attorney allege that Liberty Life’s denial of long term benefits to Kathleen is “wrongful,” “arbitrary and capricious” and was a breach of contract as well as a breach of the insurer’s fiduciary responsibilities to Kathleen. They claim that the insurer is “guilty of bad faith, has been stubbornly litigious, and has caused [Kathleen] unnecessary trouble, expense, and emotional distress.” The pair claim Liberty Life’s actions toward Kathleen were “intentional, willful, and in bad faith, and raise the presumption of conscious indifference to” Kathleen’s best interests. Kathleen’s unpaid long term disability benefits, plus interest as well as attorney’s fees and litigation costs.”