With no consideration of the job description of Bobby Hankins position as Director of Security for Stephens Inc., Standard Insurance Company denied Hankins’ long term disability claim, forcing Hankins to file a Complaint in the United States District Court for the Eastern District of Arkansas Western Division. As a stipulation of ongoing employment with Stephens Inc., Hankins had to be able to “run or walk 1.5 miles in under 15 minutes and 54 seconds . . . run 300 meters in under 66.0 seconds . . . perform a vertical jump of at least 15.5 inches . . . bench press at least 78% of [his] body weight . . . and perform at least 30 sit ups in one minute.”

On October 20, 2009, while training for his required physical examination, Hankins was working out and tore a hamstring. In an instant, Hankins’ ability to perform his job as described above was compromised. Upon examination by his physician, Hankins was restricted permanently from running or jumping. In fact, Hankins’ physician documented that Hankins should be considered for “light duty” at his job “monitor[ing] security screens, work[ing] at a desk, etc.” Unfortunately, Stephens, Inc. has no such positions available at their company, and consequently, terminated Hankins.

Standard Life Insurance Company Denies Hankins’ Long-Term Disability Benefits

Hankins applied for long-term disability benefits and was denied his claim. In his Complaint, Hankins’ disability attorney alleges that Standard Insurance Company “selectively chose only those aspects of Plaintiff’s job description that conveyed the erroneous impression that Plaintiff had a desk job, overlooking the essential duties and physical demands and requirements of his job.” Thus, Standard Insurance made an incomplete assessment of Hankins’ disability claim. In addition Hankins’ disability attorney claims that Standard Insurance “being the plan insurer and the plan fiduciary” was guilty of making their decision about Hankins’ long-term disability benefit award with a conflict of interest, meaning that the decision to deny Hankins his disability benefits were “self-serving, arbitrary, and capricious.”

Hankins, having exhausted all his administrative appeals, filed a complaint to request his long term disability benefits dating back to January, 2010 with pre- and post-judgment interest. In addition, Hankins’ Complaint requests that his disability benefits continue until Hankins reaches the age of 65 or until his Social Security Retirement benefits kick in. Hankins also requested that the Court award him attorney’s fees, since Standard was the reason he had to pay an attorney to plead his case in the first place.

Hankins Turns His Case Over to the Courts

In his Complaint, Hankins’s Arkansas disability lawyer requests that the Court enter a judgment against Standard Insurance Company to pay all past due long-term disability benefits owed under Hankins’ employee benefit plan dating back to January, 2010, with interest as well as any other remedies the Court sees fit.