A South Carolina disability attorney recently filed a federal ERISA lawsuit against Mutual of Omaha on behalf of an employee of Graham Windham. The Plaintiff filed a disability lawsuit to recover ERISA short-term and long-term benefit payments wrongly withheld by Mutual of Omaha.

Case Facts Against Mutual of Omaha Insurance Company

Plaintiff was employed by Graham Windham until she ceased working in October 2010 due to specific problems. Her employment with Graham Windham made her eligible for both short-term and long-term disability insurance coverage that was fully insured by Mutual of Omaha. She filed a claim for short-term and long-term disability after she ceased working.

Mutual of Omaha’s Denial of Disability Benefits Claim

Mutual of Omaha denied Plaintiff’s claim for short-term and long-term disability benefits. Plaintiff filed an appeal to the denial, but Mutual of Omaha denied the appeal and refuses to provide additional benefits to the Plaintiff.

Due to the fact that the Plaintiff has fully exhausted administrative remedies, Plaintiff has filed this lawsuit against Mutual of Omaha.

Disability Lawyer From South Carolina Files Disability Lawsuit Against Mutual of Omaha

According to the lawsuit, Plaintiff alleges that Mutual of Omaha failed to make its claim decision fairly, citing a conflict of interest that significantly influenced Mutual of Omaha’s decision in denying the Plaintiff’s claim.

Mutual of Omaha is not just the insurer of the ERISA disability plan, but is also the sole entity that is responsible for determining whether short-term and long-term disability payments are to be paid or not. As a result, this can indicate a conflict of interest.

Plaintiff claims that Mutual of Omaha came to its decision not by the substantial evidence that the Plaintiff submitted to Mutual of Omaha and a reasonable decision-making process, but rather via biased information and flawed expert opinions.

Plaintiff claims that she is entitled to long-term disability benefits that she is owed since the time that her disability caused her to cease working and into the future as long as she remains disabled under the terms of the Plan.

Plaintiff’s Request For Relief From The Mutual of Omaha Lawsuit

Due to Mutual of Omaha’s actions, Plaintiffs requests the Court to grant the following relief:

  • All unpaid disability benefits from the time that her benefits were terminated, along with accrued interest
  • Continued disability benefits into the future so long as the Plaintiff meets the disability terms under the Plan
  • All attorney’s fees
  • All court-related costs
  • Any and all other relief that the Court declares to be just and proper