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October 2007 Archives

Disability Carriers Must Pay the Price for Their Arrogance in Denying Benefits

In a recent case, the attorney who assisted his disabled client in securing disability benefits from the Social Security Administration then agreed to assist her in securing LTD benefits from her former employer's disability carrier, MetLife. Plaintiff's counsel inquired as to whether MetLife utilized a physician to review his client's application and appeal, as it was required to do under the Employee Retirement Income Security Act of 1974 (ERISA). MetLife conceded that a physician had not reviewed Plaintiff's file, but claimed that it was not required to do so, because it had denied the application based upon a Plan provision: specifically, that Plaintiff did not meet the Plan's 180-day elimination period requirement. In response to a persuasive letter from Plaintiff's counsel, MetLife relented and agreed to provide Plaintiff with one final review of her claim.

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