Just because you have to stop working does not mean your monthly bills stop. If you are unable to work due to an illness or injury, paying your car payment, rent or mortgage, utility bills, and more can be a challenge. That is why some employers offer long-term disability insurance benefits through the Liberty Mutual Insurance Group. If you have disability insurance, you may be eligible to receive long-term disability benefits until you are able return to work or until the end of the benefit period covered by the policy.
According to Liberty Mutual’s website, “Disability insurance can help cover daily living expenses.” If you are fortunate enough to have long-term disability insurance, you may be entitled to financial support while you focus on your physical and mental well-being. However, Liberty Mutual disability benefits are not always paid out as they should be.
In 2018, Lincoln Financial acquired Liberty Mutual’s insurance portfolio. But not much has changed. The people who used to work for Liberty Mutual are now denying legitimate claims under a new name. For this reason, claimants should become familiar with Liberty’s claims process and the tactics used to deny claims.
Liberty Mutual Denies Long-Term Disability Claims
Liberty Mutual has a long history of denying short-term disability and long-term disability claims based on several factors. For example, a Liberty Mutual denial letter may state that your claim was denied due to a lack of supporting documentation or information. The denial may state that the claimant’s condition does not meet the policy’s definition of disability. The insurance company may have conducted surveillance and denied coverage or cut off benefits based on video surveillance evidence that is inconsistent with a disability claim. Or the claimant may have missed a deadline and filed the disability claim or appeal too late.
The Definition of “Disability” in a Liberty Mutual Policy
“Disability” is defined in each long-term disability insurance policy. Your definition may differ from the example below. You should always check your policy to determine how your insurance company defines “disability” in your claim. Liberty Mutual may use different definitions in different policies. However, to give you an idea of how Liberty Mutual may define disability, here is how it defined the term in a previous case that went to court:
“As used in the above provision, “disability” refers to total disability, and is defined as follows:
i. That during the Elimination Period and the next 24 months of Disability the Covered Person, as a result of Injury or Sickness, is unable to perform the Material and Substantial Duties of his Own Occupation; and
ii. Thereafter, the Covered Person is unable to perform, with reasonable continuity, the Material and Substantial Duties of Any Occupation.Partial disability benefits is defined to cover situations where the covered person, as a result of injury or sickness, can:
1. Perform one or more, but not all, of the Material and Substantial Duties of his Own Occupation or Any Occupation on an Active Employment or a part-time basis; or
2. Perform all of the Material and Substantial Duties of his Own Occupation or Any Occupation on a part-time basis; and
3. Earn between 20.00% and 80.00% of his Basic Monthly Earnings.”
The burden of proof in a disability claim is on the claimant. Under the same long-term disability insurance policy cited above, the claimant was required to submit “proof” of disability, which was defined to include the following types of evidence, although the list was not exhaustive:
“1. A claim form completed and signed (or otherwise formally submitted) by the Covered Person claiming benefits;
2. An attending Physician’s statement completed and signed (or otherwise formally submitted) by the Covered Person’s attending Physician; and
3. The provision by the attending Physician of standard diagnosis, chart notes, lab findings, test results, x-rays and/or other forms of objective medical evidence in support of a claim for benefits.”
Liberty Mutual Case Summaries
The court cases summarized here are intended to help you understand how federal courts decide ERISA long-term disability claims.
Improve Your Chances by Consulting with an Experienced LTD Attorney
When filing a claim for LTD benefits or appealing a denial under a Liberty Mutual disability plan, the guidance of an experienced Liberty Mutual disability attorney can be beneficial and improve your chances of receiving the benefits to which you are entitled to receive.
Nick A. Ortiz is the founder of the Ortiz Law Firm and an experienced Liberty Mutual disability insurance attorney who understands the difficulties of pursuing a claim for benefits with an insurance company like Liberty Mutual. Mr. Ortiz has helped dozens of clients throughout the United States with long-term disability claims. He represents clients nationwide during the administrative appeal process and in state and federal court when a lawsuit must be filed.
Get Help Getting Your Liberty Mutual Claim Approved
When appealing a denied claim for long-term disability benefits under a Liberty Mutual plan, it can be helpful to have the assistance of an experienced attorney. We work closely with our clients at every stage of the LTD claim process, including:
- Gathering all medical records and other documentation to support the claim.
- Obtaining expert testimony from doctors and possibly vocational experts.
- Organizing your financial records.
- Reviewing and answering all questions on the disability claim appeal form; and
- Preparing your appeal in a way that maximizes your chances of being approved.
Unfortunately, even the most severe disabilities and the best prepared claims can be denied by Liberty Mutual. If you receive a denial letter for a claim, you should know that you have the right to file an appeal. Once you have exhausted your appeals, you may have the right to file a lawsuit under the ERISA Act.
Mr. Ortiz is an experienced long-term disability attorney who can help you get the benefits you deserve. Our disability law firm provides in-depth advice on the many issues involved in the claims and appeals process, including:
- Helping you understand the reasons for your denial;
- Obtaining additional evidence, including medical records and other documents to support of the appeal;
- Completing the appeal paperwork;
- Filing your appeal within the time limits allowed;
- If necessary, filing an ERISA lawsuit in federal court; and
- Presenting your case for consideration by a federal judge during the ERISA lawsuit.
You don’t have to fight your battle against Liberty Mutual alone. The Ortiz Law Firm is here to help you through the appeals process. Contact us online or call us today at (888) 321-8131 to schedule a free consultation to discuss your case with an experienced Liberty Mutual long-term disability attorney.
