Disability insurance claimants who have been denied their long-term disability benefits frequently ask whether the insurance company is permitted to deny their benefits based on the opinions of hired physicians who have never even examined them, but have only reviewed their medical records. They ask, how can they possibly know my true condition without examining me? Unfortunately, paper reviews by hired gun doctors are a common practice by disability insurance companies as they tend to get away with this abusive tactic since many courts deem a paper review as reasonable. However, in a recent disability lawsuit against The Standard Insurance Company, the Sixth Circuit Federal Court of Appeals disagreed.
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Four Plaintiffs have filed lawsuits in the District Courts of Alabama, Florida, Missouri, and Kentucky against The Prudential Insurance Company Of America (Prudential) for the wrongful denial of disability benefits as defined by ERISA. In all four cases, Prudential is accused of wrongfully withholding the disability benefits as defined by the Plaintiff’s respective Plans.
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An employee at Pamrapo Savings Bank, Suzanne Weicker, filed a complaint against The Lincoln National Life Insurance Company in the United States District Court of New Jersey in an attempt to recover her longer term disability benefits as provided under her employee benefits plan.
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