CIGNA has three new lawsuits to deal with for unpaid disability benefits
Three recent ERISA complaints were filed against CIGNA in Kentucky, New York and Texas for denying short-term and long-term disability benefits. In each of the cases, with the assistance of a disability attorney, the claimants are suing for claims that were allegedly wrongfully denied. Lets take a look at each case:
Case 1: Fifth Third Bank Employee
In Michelle C. v. Life Insurance Company of North America and CIGNA Corporation, Michelle and her Kentucky disability lawyer filed suit against the insurer in the United States District Court Eastern District of Kentucky Covington Division on August 23, 2011. Suing CIGNA for improperly denying her disability benefits, Michelle and her disability attorney have petitioned the District Court for:
- An Order directing CIGNA to turn over to Michelle and her attorney a “true and accurate copy of the entire contents of any and all files and documents” which the insurers used in making a decision concerning her disability benefits claim;
- Declaratory Judgment stating that Michelle is entitled to short term disability benefits as well as an award of the monetary value of those benefits, including prejudgment and post-judgment interest;
- An “injunction directing Defendants to pay [Michelle ] all future disability benefits as they become due”;
- An Order of restitution;
- Reasonable attorneys’ fees and court costs; and
- “Any and all legal or equitable relief as the Court deems appropriate” according to statute.
At the time of her declaration of disability, Michelle was employed by Fifth Third Bank Corp. as a Relationship Manager Officer. In 2008, Michelle was diagnosed with endometriosis, which caused Michelle to experience severe pelvic pain. After cauterization of the endometriosis, Michelle continued to suffer pain and underwent a partial hysterectomy in March 2009 to address the continuing issue. After the hysterectomy surgery, Michelle returned to her job and began having pelvic pain again, and that pain was increasing in severity and frequency. After 6 months of physical therapy in addition to acupuncture, massage therapy, cranio-sacral therapy and Reiki, during a routine ultrasound it was discovered that Michelle had a large cyst in her ovaries. Unable to solve the chronic pelvic pain and unable to work, Michelle applied for her CIGNA disability benefits.
CIGNA Denies Claimant Disability Benefits
In January 2010, CIGNA notified Michelle that her disability benefits claim was being denied, claiming that her treating physician merely recommended that she stop work to attend to a pain management plan and did not state that she was disabled from working at all. On April 19, 2010, Michelle ‘s physician did provide the insurer with an extensive history of Michelle’s condition, stating that unless Michelle found relief from her chronic pain, she would be unable to work. After exhausting all administrative appeals, Michelle engaged the services of a Kentucky disability attorney to file suit against the insurer to gain her entitled disability benefits.
Case 2: Goldman Sachs Employee
In Manuel A. v. CIGNA Life Insurance Company of New York, Manuel and his New York disability attorney filed a lawsuit against the insurer on September 6, 2011 in the United States District Court of the Southern District of New York. According to Manuel’s disability lawyer, Manuel is entitled to:
- A declaratory judgment that says the insurer violated Manuel’s rights pursuant to ERISA (the Employee Retirement Insurance Security Act of 1974);
- Payment of long term disability benefits from CIGNA from December 2, 2010 moving forward;
- An award of reasonable attorney’s fees and costs of the filing of this suit;
- Interest on unreceived disability benefits payments past due; and
- Other relief as the “Court deems just and proper.”
Claimant has been Disabled since 2004
An employee of Goldman Sachs, Manuel last worked at the company in December 2004. At that time Manuel suffered from osteoarthritis of his left which led to a total left knee replacement , cardiac conditions, and psychological and anxiety conditions. Finding Manuel to be totally disabled from these conditions, Manuel’s physician advised him to cease working. In June of 2005, Manuel was awarded disability benefits through the Social Security Administration which based its decision to award those benefits to Manuel on the merit of the same evidence Manuel presented to CIGNA. Having failed to examine Manuel, the insurer has to date denied Abad’s appeals, precipitating Manuel and his disability attorney to file the subject complaint.
Case 3: Employee of Sikorsky
In Douglas T. v. Life Insurance Company of North America (with CIGNA as the plan administrator), Douglas and his disability lawyer filed a lawsuit against the insurer in the United States District Court for the Southern District of Texas Corpus Christi Division on September 16, 2011. In the lawsuit, Douglas’s disability attorney prays that the Court provide Douglas the following relief.
- Long term disability benefits;
- Attorney’s fees;
- Cost of Court;
- Punitive and exemplary damages;
- Pre- and post-judgment interest; and
- Other relief the court sees fit to provide.
Suffering from multiple back issues, 60-year-old Douglas was a Quality Control Inspector for Sikorsky and his job required activities that Doug can no longer accomplish, such as lifting, pulling, pushing, bending, reaching and other movements that aggravate his back condition and cause severe debilitating pain. With his employer stating that the company could not accommodate Douglas’ disability, he was forced to cease working and apply for disability benefits. And, after appealing to CIGNA to reconsider his claim, which they did and denied, Douglas was left with no other remedy except to hire a disability attorney and go after his disability benefits through litigation.
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Answered Questions by Our Lawyers
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Q: I filed an appeal and lost. Is it worth pursuing?
A: Kim, in my opinion, yes. If you are still within your timeframe to file a lawsuit you have little to lose in t... Read More >
Q: Do I have a case for STD? I was denied twice because a) I hadn't been a fulltime employee for 6 months and b) I had ben on FMLA since Febury.
A: Frank, we would need to see a copy of the denial letter and the policy. Please feel free to contact our office... Read More >
Q: How can I appeal Cigna's decision if there are no written communications explanation the reasons for claim termination?
A: Tret, Cigna will be required by law to provide you with a written denial letter setting forth its reason for t... Read More >
Q: Is there a process for appeals not being responded to in the time given? Also, how do I access my records?
A: SB, ERISA provides 45 days to render a decision on appeal with the possibility of a 45 day extension- basicall... Read More >
Q: Is it worth is to go to court over $2500?
A: Mark, If you have no additional appeals your only option would be to find representation to file a federal law... Read More >
Q: How long will it take Cigna to get back to me? Will my military retiree pay be held against my policy 60%? Will Cigna exploit the disparity in the medical community over my illness?
A: Craig, Unfortunately it can sometime take up to 45 days to receive a decision from Cigna as to your entitlemen... Read More >
Q: Do I have any options to void an agreement I signed? Can Signa offset my SSDI benefits?
A: Donna, I do not know if you would have any avenues to void the agreement you signed. Regardless of agreeing th... Read More >
Q: Can I sue Cigna even if they do end up paying me?
A: Linda, If your policy is governed by ERISA you will need to go through the administrative appeal process prior... Read More >
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Our goal is to get your application for disability insurance benefits approved. Applying for disability insurance benefits can be a difficult process and the information you provide is critical. Most disability insurance companies look at your application in hopes of finding a reason to deny your claim. Your disability company will ask you to complete numerous forms, interview you, request lots of information, speak with your doctors and possibly request to have you examined by their hired gun doctor.
Through our experience of having helped thousands of disability insurance claimants, our disability insurance lawyers will guide you through the entire application process and give you the best chance to get your disability claim approved the first time.
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If your disability insurance benefits have been wrongfully denied, then our disability insurance lawyers know exactly what it takes to get your disability claim approved. You only get once chance to submit an Appeal, therefore every piece of evidence that will support your disability claim must be included. The goal is to win your disability benefits at the Appeal level, but while preparing your Appeal you must consider how a federal judge will review your disability claim if your benefit denial is upheld.
Preparing a strong disability appeal package is an art that requires you to understand how the courts interpret your disability policy language, ERISA regulations / laws, and how to strategically present evidence in support of your definition of disability. We encourage you to contact any of our long-term disability attorneys for a free immediate review of your disability denial.
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We have recovered hundreds of millions of dollars for our clients and we would like the opportunity to provide you with a free review of your disability benefit denial. There are many complex factors in a disability benefit lawsuit and the legal battle to win long term disability benefits can be fierce.
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Our disability insurance law firm offers a reasonable flat fee monthly claim handling service in which we handle every aspect of your long-term disability claim and do whatever it takes to make sure you are paid every month.
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Who are Dell Disability Lawyers?
We are disability insurance attorneys that know how to get your short or long term disability benefits paid. As a nationwide law firm we have helped thousands of disability insurance claimants throughout the United States to collect hundreds of millions of dollars of disability insurance benefits from every major disability insurance company.
Our attorneys have been able to either get our clients paid monthly disability benefits or obtain a one-time lump-sum settlement in more than 98% of our cases. Our disability insurance lawyers have seen it all when it comes to disability insurance claims and we know exactly what it takes for your disability claim to be approved.
We offer disability insurance attorney representation nationwide and we welcome you to contact any of our LTD lawyers for a free immediate review of your disability claim. We also invite you to visit and subscribe to our YouTube channel where we have more than 900 videos and regularly provide tips to help protect your disability benefits.
Who do you help?
Our disability insurance attorneys help individuals that have either purchased a long term disability insurance policy from an insurance company or obtained short or long term disability insurance coverage as a benefit from their employer. We have helped individuals in almost every type of occupation with monthly disability benefit payments ranging from $1,500 to $50,000.
Our clients include all types of employees ranging from retail associates, sales representatives, government employees, police officers, teachers, janitors, nurses, pilots, truck drivers, financial advisors, doctors, dentists, veterinarians, lawyers, consultants, IT professionals, engineers, professional athletes, business owners, and high level executives.
A strong understanding and presentation of the duties of your occupation is essential for securing disability insurance benefits.
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 insurance 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 phone, email, fax, or video conferencing sessions. 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 insurance attorney. We can be reached at 800-698-9159 or by email. Lawyers 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.