Liberty Mutual's denial of disability benefits to a bank employee is reversed
As an attorney for clients who go up against disability insurance companies all over the country, I can tell you that the insurance contracts are often full of legalese and gibberish that most individuals don’t understand. Unfortunately, most individuals don’t understand even the communication they receive from the disability insurance companies, such as why their claim has been denied. According to the outcome of the case below, even a judge may find communication from the insurance company difficult to understand.
Nancy Love vs. National City Corporation Welfare Benefits Plan
Nancy Love worked for National City Corporation for two decades before she was forced to stop working. When Mrs. Love began experiencing dizziness, fatigue and blurred vision, she visited the doctor and was diagnosed with multiple sclerosis. Mrs. Love applied for and received short term benefits from the National City Corporation Welfare Benefits Plan, underwritten by Liberty Mutual. Short term disability benefits were for 18 months, and when Mrs. Love benefits expired, she applied for and received long-term disability benefits.
Mrs. Love received the disability benefits for three years before Liberty Mutual determined that she was no longer what the plan considered to be ‘disabled.’ According to the policy, an individual is considered disabled for the first two years if he or she is unable to perform their job but after the first two years, they’re only considered disabled if they’re unable to perform anyjob, including a job they could take classes and qualify for, etc.
Liberty Mutual Hired Physicians to Discredit Several of Love’s Attending Physicians
To first deny Love for any more disability benefits, Liberty Mutual relied on Doctor Jonathan Sands. Dr. Sands reviewed Love’s medical file and determined that although she most likely did have multiple sclerosis, there was no clinical attack noted, and that “no objective limitations in functional ability or capacity were noted.”
This report was sent to Love’s physician, who did not respond. Soon after, Mrs. Love’s benefits were terminated due to Dr. Sands’ assessment and Mrs. Love’s inability to provide information which supported her assertions that she was unable to perform any job due to her disability. Mrs. Love appealed Liberty Mutual’s denial, turning over more medical records, including a functional capacity evaluation, a vocational evaluation and a physical therapy evaluation. The next physician Liberty Mutual had to examine the case was Dr. Gerald Winkler. Dr. Winkler stated, after reviewing the files, that Mrs. Love was not totally disabled and could perform certain tasks, such as answering telephones, working at computers or dealing with the general public. Love’s appeal was denied.
Failure to Explain Sufficiently
Love filed a lawsuit in the Illinois Federal District Court against the insurance company, citing ERISA law and claiming:
- That the insurance company did not consider all medical evidence provided to them by Love, and;
- The insurance company did not fully explain why they had denied Mrs. Love her benefits.
The Illinois District Court ruled in favor of Liberty Mutual, pushing Love to appeal their decision to the Seventh Circuit Court of Appeals. Since ERISA requires all insurance companies who deny policyholders to “set forth the specific reasons for such denial, written in a manner calculated to be understood by the participant,” the appeal court felt that Liberty Mutual had not done so. The court found that neither the termination of benefits letter nor the appeal denial letter properly explained to Love why she would no longer be receiving disability benefits.
Another thing Dr.’s Sands or Dr. Winkler did not address was the contradiction they held with Mrs. Love’s attending physicians. Every physician that personally examined Mrs. Love felt that she was not able to work at any job, and that she was unable to perform even small tasks for more than a few hours at a time. Dr. Sands and Dr. Winkler did not address those issues. They did not go over the statements or medical tests and explain why they weren’t credible or able to be used as proof of Mrs. Love’s disabilities. Therefore, the court found that there was insufficient explanation on this part as well.
The case was remanded to Liberty Mutual with requirements to fully review the case of Mrs. Love and determine her eligibility for disability benefits in the fairest of ways. While this is a victory for Mrs. Love, the truth is that she should not have had to fight so long in order to get what she deserved in the first place. With as many physicians’s reports as Mrs. Love had – all stating her disability made it unable for her to work – she should not have had to fight so hard for what she deserved, but she did. Perhaps, the ruling in this case will make future cases easier for Libert Mutual policyholders who are unable to work and have credible medical support.
Resources to Help You Win Disability Benefits
Disability Benefit Denial Options
Submit a Strong Liberty Mutual Appeal Package
We work with you, your doctors, and other experts to submit a very strong Liberty Mutual appeal.
Sue Liberty Mutual
We have filed thousands of disability denial lawsuits in federal Courts nationwide against Liberty Mutual.
Protect Your Benefits
Get Your Liberty Mutual Disability Application Approved
We help claimants throughout the entire application process.
Prevent a Liberty Mutual Disability Benefit Denial
We manage every aspect of your disability claim following claim approval.
Negotiate a Liberty Mutual Lump-Sum Settlement
Our goal is to negotiate the highest possible buyout of your long-term disability policy.
Liberty Mutual Reviews
(660)
Policy Holder Rating
5
0%
4
0%
3
0%
2
0%
1
0%
Timely Payments
0.0out of 5
Handling Claim
0.0out of 5
Customer Service
0.0out of 5
Dependable
0.0out of 5
Value
0.0out of 5
Showing 8 of 660 Reviews
Lincoln Financial
Uses every dirty trick in the book
It’s next to impossible to get $ out of them without a lawyer. They use plenty of intimidation and unfair tactics. They don’t want to pay. And yet, their CEO made 13 m... read more >
Unum
Unum is evil
On 11/3/2021 I got shot by my boyfriend and my spinalcord got hit, paralyzing me from the neck down and accepting Unum benefits was the worst decision I ever made. I sued ... read more >
Lincoln Financial
Every month I get paid on a different date
I will start by saying that my experience is not as horrible as others, like the folks who have valid claims but get nothing from Lincoln. I feel for you and hope to god y... read more >
MetLife
They will do anything to not approve your claim
MetLife’s handling of my short-term disability claim has been incredibly frustrating and stressful. I followed all the necessary steps prior to my surgery, providing the... read more >
Reply
Sedgwick
Don't trust them, they like to play games
They suck the life out of people that need help. They falsely advertise for helping people that they care. Sorry to tell you it's all about money, they do not care for any... read more >
New York Life
Lyme Disease Disability Claim Denial
I have had repeat claims for genuine medical leave and they have repeatedly been denied by NY Life. I have even been diagnosed with Lyme and going through treatments and t... read more >
New York Life
Disappointed with NY Life Disability Excuses
I am beyond disappointed with NY Life Disability Insurance’s handling of my father’s claim. My father, a 66-year-old man who has suffered two strokes and continues to ... read more >
New York Life
New York Life is a joke!
This company sucks when it comes to disability claims. They are slow at processing stuff, then they always say they didn't recieve the doctors information. You spend your ... read more >
Answered Questions by Our Lawyers
(0)
Helpful Videos
(910)
Showing 12 of 910 Videos
Disability Benefit Tips
(331)
Showing 8 of 331 Benefit Tips
Gregory Dell and Stephen Jessup discuss their experience in handling Liberty Mutual claims at all stages
Every week we speak to individuals nationwide seeking assistance with Liberty Life Insurance short and long term disability claims. In this video, disability insurance lawyers Gregory Dell and Stephen Jessup discuss their experience in handling Liberty Mutual claims at all stages.... Read More >
Why Must Your Disability Insurance Lawyer Understand Your Disabling Condition?
When it comes to securing your disability insurance benefits, it's vitally important that your disability insurance lawyer thoroughly understands the symptoms and impact of your disabling condition. Doctors can help you create strong medical records, but they're not accustomed to dealing with the rigorous documentation disability insurance companies require. Lea... Read More >
Disability Benefit Denial Reason #5 – Your Medical Evidence is Weak
If you're seeking long term disability benefits from an insurance company, you may be concerned that you're facing an uphill battle. Fortunately, the stronger your medical evidence, the greater the odds that your claim will be approved. On the other side of the coin, one of the most common reasons for denial of long term disability benefits involves too-weak med... Read More >
Disability Benefit Denial Reason #4 - Your Doctor Is Misled By the Disability Company
When you're seeking disability insurance benefits, your medical records and treating physician's statement are two of the most important components of your claim. But because the insurance company has a vested interest in denying your disability insurance claim, it often will rely on tactics like ambushing your doctor with a phone call in an attempt to get them ... Read More >
Disability Benefit Denial Reason #3 - Video & Social Media Surveillance
One thing many disability insurance claimants don't know about (or expect) from the claims review process involves video and social media surveillance. Disability insurance carriers often hire people to follow claimants around with a telephoto lens - or even send social media friend requests from fake accounts - to glean whatever information they can about the c... Read More >
How Do You Fight a Long-Term Disability Denial?
Getting a denial letter from your disability insurance company is one of the ultimate insults. You are sick and not able to work, yet your disability insurance company is telling you to return to work. The disability insurance company has denied your disability benefit claim and is basically calling you a liar. When receiving a disability denial letter or a ph... Read More >
Disability Denial Reason #2 - Change of Disability Definition & Vocational Review
One of the top reasons for terminating a claimant's long term disability benefits involves the change in the disability insurance policy's definition of "disability." This definition change often happens in conjunction with a vocational review, or an analysis of a claimant's medical records that tells the insurance company which jobs the claimant should be able ... Read More >
Disability Denial Reason #1 – Paper Review & IME
At Dell Disability Lawyers, we've seen insurance companies give countless reasons to deny long term disability benefits. However, most disability benefit denials tend to fall into one of a few categories - and one of the biggest ones is the paper review and independent medical exam (IME). Learn more about what this review process entails and what your claim file... Read More >
Dell Disability Cases
(375)
Showing 8 of 375 Dell Disability Cases
Liberty Mutual Approves Disability Benefits to Senior Vice President
Our client, a former Senior Vice President for a large national corporation, filed for disability after having suffered a massive stroke during heart surgery that left the entire left side of his body paralyzed and severely affected his ability to effectively communicate. His doctors were not sure if he would ever regain use of the left side of his body again and feared he may be wheelchair bound the rest of h... Read More >
Liberty Mutual Overturns Denial of Disability Benefits Following Submission of an ERISA Appeal
Liberty Mutual Initially Approves Disability Claim After Finding Total Disability From Own OccupationOur client, John, was working as a Chemical Supervisor for Arkema, Inc., a French specialty chemicals and advanced materials company, when in 2015 he was forced to stop working due to chronic pain in his cervical and lumbar spine relating to degenerative disk disease and post laminectomy syndrome.John f... Read More >
Liberty Reinstates Long Term Disability Benefits for the Second Time
Our client, a former Liberty Mutual employee, has had a less than ideal experience with Liberty - both as an employee and as a recipient of disability insurance benefits. Issues she experienced in the workplace as a Liberty employee resulted in exacerbation of existing behavioral health issues that made her workplace environment so volatile she filed for disability benefits in order to take herself out of a ha... Read More >
After it had previously overturned a denial after an initial Dell Disability Lawyers Appeal, Liberty denied our client's claim again. After a new appeal, Liberty has now agreed to reinstate our client yet again.
Initial Denial, initial Appeal, benefits reinstated and benefits terminatedAfter receiving full payment of short term disability benefits, a hospital admissions clerk with Catholic Health System, Inc. suffering from morbid obesity, osteoarthritis, and chronic back pain was denied long term disability benefits despite her ongoing medical problems and their accompanying restrictions. In its initial denial le... Read More >
Liberty Mutual of NY Disability Benefit Denial Reversed After Two Denials In One Year
Disability insurance attorney Alexander Palamara discusses the importance of continuing medical treatment throughout the duration of a disability insurance claim.In this case the claimant was denied LTD benefits by Liberty Mutual of NY within a few months of winning a prior disability claim denial.This denial was likely due to an aggressive claims examin... Read More >
Dell Disability Lawyers Successfully Appeals Denial of Benefits to Former Inventory Control Specialist
Pre-disability and initial disability claimOur client contacted us for assistance with her claim against Liberty Mutual after receiving a denial of her Long Term Disability ("LTD") benefits. Ms. M had been working as an inventory control specialist with her employer until June 2014 when her doctor advised her to stop working due to various medical conditions including pseudoarthrosis, post-laminectomy synd... Read More >
Liberty Mutual Twice Denies and Approves Long-term Disability Benefits to IT Systems Analyst with Rheumatoid Arthritis
Our client, Ms. V, had been employed as an IT Systems Analyst with Highmark Blue Shield, one of the ten largest health insurers in the U.S. and a licensee of Blue Cross Blue Shield, before pain from Rheumatoid Arthritis, caused her to file a disability claim under her Highmark Blue Shield Long-term Disability Plan. Highmark Blue Shield had contracted Liberty Mutual to insure and administer the disability plan.... Read More >
After Initially Being Denied Long Term Disability Benefits, Dell Disability Lawyers Gets Former Wal-Mart Employee on Claim with Liberty Mutual
A former employee of Wal-Mart contacted our firm on March 11, 2015. She informed us that she had recently been diagnosed with Multiple Sclerosis less than a month earlier. She also informed us that prior to this diagnosis she was forced to leave her occupation as a Personnel/Training Coordinator for Wal-Mart Stores, Inc. She previously had been diagnosed with small fiber peripheral neuropathy, ankylosing spond... Read More >
Disability Lawsuit Stories
(765)
Reviews from Our Clients
5 Ways We Help Get Your Benefits Paid
Get Your Disability Application Approved
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.
Submit A Strong Appeal Package
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.
Sue Your Disability Company
98% of the disability insurance lawsuits filed by our law firm have resulted in either the payment of benefits or a lump-sum settlement agreement. Our disability insurance attorneys have filed ERISA governed and private policy long term disability insurance lawsuits against every major disability insurance company in state and federal courts nationwide and we love fighting for the little guy against the multi-billion dollar insurance company giants.
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.
Prevent A Disability Benefit Denial
Approval of long-term disability is a continuous process as every disability insurance company will evaluate your eligibility for benefits on a monthly basis. You can never let your guard down and assume that your disability company will continue to pay your benefits for as long as you think you need them.
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.
Negotiate a Lump-Sum Settlement
Let's discuss if a lump-sum settlement or buyout of your disability insurance claim is both available and makes financial sense for you. Our disability insurance lawyers have negotiated more than five-hundred million dollars in disability insurance buyouts and we know how to get you a maximum settlement. A disability insurance company is not required to offer a buyout and not every disability company offers them.
Questions About Hiring Us
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.