The Disability Application

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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Many companies offer their employees long-term disability insurance, but there is also the potential for those same employees being denied coverage when they need it the most. No matter how many pages of medical reports your personal physical may present, if a doctor contracted by the insurer offers a different opinion, it is unlikely a claim will be approved. In fact, this is exactly what happened in two different disability insurance cases involving Aetna Life Insurance Company.
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Rose Mary Lee filed a lawsuit in the United States District Court of Nevada against Standard insurance Company, Woodside Group, Inc., and Woodside Group, Inc. Employee Disability Plan on May 30, 2011. In her Complaint, Lee alleges that the Standard Insurance Company and her employer violated their fiduciary duties under her disability insurance policy because of a conflict of interest because Standard is both the decision maker as to benefit awards and the payor of monies that satisfy benefit awards.
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Even though companies offer their employees long-term disability insurance, the disability application process is often more difficult than one would expect. It isn’t as simple as just taking out the policies and taking advantage of the benefits when you need them. Quite often employees are forced to enlist the services of a disability attorney in order to collect money that is justly theirs, and for those who have no other source of income it can be a tedious and difficult process.
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Mr. Disability is an example of the experience most individuals have with their claim for either short term or long term disability benefits. For additional information contact Attorneys Dell & Schaefer at 888-Say-Dell or www.diattorney.com.