A Michigan disability attorney acting on behalf of a disability claimant recently filed a lawsuit against the Prudential Insurance Company of America (Prudential) at the District Court for the Eastern District of Michigan. In Deanna L. Nino vs. the Prudential Insurance Company of America, the plaintiff brought a civil action under the Employee Retirement Income Security Act (ERISA) to seek to recover long term disability income benefits under the Exel Logistics disability benefit plan.
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In her lawsuit, filed against Prudential Insurance Company of America, US Airways, Inc. and US Airways Inc. Employee Disability Plan to recover disability benefits, Ashley LeClair alleges that as fiduciary of her insurance benefits plan, Prudential operates under a “conflict of interest in evaluating her claim due to the fact it operated in dual roles as the decision maker . . . as well as the payor of benefits.” In essence, Prudential’s conflict of interest exists because should the insurer decide that Ashley R. LeClair is disabled the insurance provider is also the party obligated to pay her benefits.
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Recently, a lawsuit was filed against the Prudential Insurance Company of America (Prudential) by a Georgia disability attorney at the District Court for the Northern District of Georgia. In Robert Lucas v The Prudential Insurance Company of America, the plaintiff Robert Lucas claimed that Prudential had acted unreasonably, arbitrarily and without any justification in denying his claim for long term disability benefits.
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There are times when mental health disorders can escalate to the point at which it becomes necessary for someone to stop working for an extended period of time or cease working altogether at the direction of a treating physician. Sometimes mental health disorders coexist with other disabling conditions, but mental disorders can also be the primary cause that prevents a person from carrying out the material duties of his or her occupation with reasonable continuity.
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