A Florida disability lawyer recently filed a federal lawsuit in the district court for the Middle District of Florida Orlando Division against Liberty Life Assurance Company Of Boston (Liberty). The Plaintiff, Carolyn S., was employed by Liberty Mutual Insurance Company as a Senior Sales Representative. Due to her employment, she was entitled to short-term and long-term disability benefits that were provided by Liberty.

In Carolyn S. Vs Liberty Life Assurance Company Of Boston, the Plaintiff seeks the payment of past due short-term disability benefit payments and the reinstatement of short-term and long-term disability payments.

Facts of the Case Against Liberty

Plaintiff was employed as a Senior Sales Representative by Liberty Mutual Insurance Company until she ceased working on July 19, 2011 due to severe chronic pain syndrome, fibromyalgia, chronic neck pain, cervical disk herniation, diagnosed anxiety disorder, major depression, obsessive compulsive disorder, and other ailments. Plaintiff filed an application for short-term disability benefits that should have begun July 26, 2011.

Denial of Short-Term Disability Benefits By Liberty

Despite presenting much evidence of the Plaintiff’s condition, Liberty denied short-term benefits based on the reason that the Plaintiff did not meet the definition of disability as defined under the Plan. Plaintiff appealed this denial, but her appeal was also denied by Liberty. Plaintiff has exhausted all of her administrative remedies, leading to the filing of this lawsuit against Liberty.

Florida Disability Attorney Files Lawsuit Against Liberty

According to this lawsuit, the Plaintiff claims that Liberty committed the following wrongful acts against the Plaintiff:

  • Liberty denied short-term and long-term disability benefits to the Plaintiff based on the wrongful interpretation of the Plan’s terms that the Plaintiff must be unable to perform all of her material duties as compared to just one of her material duties
  • Liberty denied short-term and long-term disability benefits to the Plaintiff based on the mischaracterization of the case facts related to the Plaintiff’s claim
  • Liberty denied the Plaintiff short-term and long-term disability benefits largely due to a conflict of interest, as Liberty is both the administrator and payer of the Plan
  • Liberty did not provide a fair and full review of the Plaintiff’s claim, leading to their wrongful decision to deny Plaintiff disability benefits that she was entitled to under the terms of the Plan

Plaintiff Seeks Following Relief From the Court In The Liberty Lawsuit

Due to the wrongful actions of Liberty, Plaintiff requests the following relief from the Liberty lawsuit:

  • A judgment that Liberty pays all owed short-term disability benefits, including all prejudgment interest that has accrued since July 26 to the present date
  • A judgment that Liberty reinstates the eligibility of Plaintiff to receive all future short-term disability benefits so long as she remains eligible under the terms of the Plan
  • A judgment that Liberty reinstates the eligibility of Plaintiff to receive all future long-term disability benefits so long as she remains eligible under the terms of the Plan
  • A judgment that Liberty pay all reasonable attorney fees
  • A judgment that Liberty pay all associated court costs incurred by filing this lawsuit against Liberty
  • A judgment that Liberty pay all other relief that the Court rules to be proper and just