Long Term Disability Law Blog
Claimants for disability benefits under employee welfare benefits issued or administered by the Prudential Insurance Company (Prudential), recently took up legal action against Prudential in Florida, Illinois and Michigan due to its failure and refusal to pay three different claimants their disability benefits. We will discuss three cases filed against Prudential in the past week.
Ashley Rooks vs. The Prudential Insurance Company Of America – Legal Action To Recover Disability Benefits And Clarify Rights Under an Employee Welfare Benefits Plan
The case of Ashley Rooks vs. The Prudential Insurance Company Of America was filed at the District Court for the Middle District of Florida by a Florida disability attorney under the Employee Retirement Income Security Act (ERISA). The plaintiff alleged that Prudential breached the employee benefits contract between them through its failure and refusal to apply the provisions of the plan. In addition, the plaintiff also alleged that Prudential had subjected her to an unreasonable claims process pursuant to ERISA, by refusing to consider her appeal.
Relief Sought by the Plaintiff
Due to the actions by Prudential, the plaintiff is seeking the following relief:
- A declaration that her long term disability insurance benefits are payable under the terms of the contract of long term disability insurance.
- Disability Benefits due under the employee welfare benefit plan.
- An award of prejudgement interest, attorney’s fees and Costs of the suit.
- An award for any other relief as the Court may deem appropriate.
Air France Employee vs. The Prudential Insurance Company of America – Legal Action Seeking To Recover Long Term Disability Benefits
Filed at the District Court for the Northern District of Illinois by Illinois disability attorney, the case of Patricia Phillips vs. The Prudential Insurance Company of America concerned an Operations Supervisor for Air France seeking the reinstatement of long term disability benefits that was allegedly wrongfully terminated by Prudential.
The plaintiff stated in the lawsuit that she was initially approved for disability benefits payments by Prudential on January 24th 2008 effective from September 11th 2007. Nevertheless, despite no improvement in her medical conditions, on March 16th 2009, Prudential terminated her disability benefits entitlement on the ground that she could be employed in an alternate gainful occupation.
Relief Sought by the Plaintiff Against Prudential
Despite numerous appeals and a determination by the Social Security Administration that the plaintiff is disabled, Prudential continued to deny her claim for long term disability benefits. Having exhausted all her administrative remedies, the plaintiff is seeking from the Court the following relief:
- An order for Prudential to pay long term disability benefits to the plaintiff.
- An order for Prudential to pay prejudgement interest
- An order for Prudential to pay to continue paying disability benefits as long as she meet the terms and conditions of the disability insurance Plan.
- An award of attorneys’ fees and costs
- An award for any other relief which the plaintiff may be entitled to.
Paul Dawkins vs. Long Term Disability Coverage for All Fulltime Employees of W.W. Grainger Inc. and Prudential Insurance Company of America – Legal Action for Judicial Review of the Plaintiff’s Claim for Disability Benefits
The plaintiff’s lawsuit in this case was filed at the District Court for the District Of South Carolina by a South Carolina disability attorney. According to the lawsuit, the plaintiff was employed with W.W. Grainger, Inc until 2008. As an employee of W.W. Grainger, the plaintiff was provided with coverage of a long term disability insurance plan in which prudential was the insurer and the Claims administrator.
Due to certain medical problems that the plaintiff suffered from, the plaintiff became disabled and consequently filed a claim for long term disability benefits with Prudential. The plaintiff stated that Prudential denied his claim to which he appealed until he fully exhausted his administrative remedies. The plaintiff contended that Prudential relied upon biased information and flawed expert opinions and ignored relevant evidence pertaining to his claim in its determination to deny his claim for long term disability benefits.
Relief Sought by the Plaintiff
Due to Prudential’s actions, the plaintiff is seeking from the Court the following relief:
- A declaration of entitlement to the long term disability benefits under the abovementioned plan.
- An award of attorney’s fees, costs and prejudgement interest
- An award for such other and further relief as the Court deems just and proper.