Liberty Life Disability Attorneys

Riemer Hess has helped many clients secure their disability benefits from Liberty Life.  Liberty Life's methods when administering long term disability  (“LTD”) claims often reflect a pattern aimed at minimizing payouts and can pose significant challenges for those genuinely in need of support due to disability.  At Riemer Hess, we understand the tactics Liberty Life utilizes in order to deny or terminate LTD claims—and the best ways to overcome them.

Below we will share crucial insights and strategies to effectively navigate your LTD claim with Liberty Life.

Does Liberty Life administer many Long Term Disability claims?

Liberty Life Assurance Company of Boston is one of the major long term disability (“LTD”) insurance providers in the United States.  While Liberty Life, now under Lincoln Financial Group since their acquisition in 2018, offers LTD insurance designed to provide financial security in times of need, their primary allegiance to profitability can cast a shadow on the objectivity required in LTD claim assessments.   This creates an inherent conflict of interest, where the company’s financial incentives do not align with your need for LTD benefits.

Claimants should be aware that all private insurance companies, including Liberty Life, often have intricate policies and procedures that can act as hurdles during the claim process.  These barriers are not coincidental but are strategically designed to protect the company’s bottom line.

What common tactics does Liberty Life use to deny disability claims?

Liberty Life Assurance, as managed by Lincoln Financial Group, employs several tactics in their assessment and handling of long term disability (“LTD”) claims that claimants should be wary of.  Liberty Life's practices are designed to reduce company payouts and can create substantial obstacles if you are seeking long term disability benefits.

Here are some common tactics used by Liberty Life to deny or terminate LTD claims:

• • Ignoring Treating Physicians’ Evidence: Often, Liberty Life may disregard substantial evidence provided by a claimant’s treating physicians, who affirm the claimant’s inability to perform their occupational duties.  Despite detailed medical opinions from a claimant’s treating doctors, Liberty Life may still deny an LTD claim while failing to provide any credible evidence to the contrary.
  • Relying on Internal Medical Assessments: Liberty Life frequently bases claim decisions on reviews conducted by their own medical staff or external consultants who have not examined the claimants personally.  These reviews often overlook severe symptoms and the side effects of medications, resulting in an inaccurate depiction of the claimant’s health and capabilities.
  • Misclassification of Job Duties: Liberty Life may inaccurately assess the physical or cognitive demands of a claimant’s occupation.  Jobs are sometimes wrongly classified as sedentary, ignoring evidence of more strenuous duties, which can lead to denials by suggesting claimants are more capable than they truly are.
  • Out-of-Context Surveillance: Liberty Life may conduct surveillance to gather evidence against a claim.  However, the footage or observations can be taken out of context, portraying temporary or occasional activities as regular capabilities, thereby questioning the legitimacy of the claim.
  • Claiming Insufficient Medical Evidence: Even when a claimant submits extensive medical records and documentation, Liberty Life may still assert that there is a lack of medical evidence to support the disability claim.  This tactic can be particularly frustrating for claimants who have diligently collected and submitted all required documentation.

These strategies reflect a broader industry issue where insurance companies like Liberty Life prioritize their financial interests, sometimes at the expense of providing rightful long term disability benefits.  It’s always recommended that claimants facing such challenges seek legal assistance from an experienced ERISA attorney who can help navigate these complexities and advocate effectively for their rights.

What should I do if Liberty Life denies or terminates my long term disability claim?

When you face a claim denial or termination from Liberty Life Assurance, it can feel like a critical source of financial stability has been abruptly withdrawn.  Such setbacks are not just frustrating but can jeopardize your financial well-being at a time when support is most needed.

At Riemer Hess, we’ve assisted many clients who have encountered these challenges with Liberty Life.  Despite how disheartening a denial or termination might be, you have the opportunity to appeal directly to Liberty Life to have your benefits reinstated. It’s crucial to understand how the appeal process works, as it generally represents your one chance to secure your benefits without resorting to prolonged and expensive litigation.

Here are a few steps you can take if Liberty Life denies or terminates your disability claim:

• • Review Your Denial Letter: Your denial letter from Liberty Life will contain important details, including the reasons for the denial, an inventory of the evidence considered in their decision, your rights to contest the decision, and the deadlines for submitting an appeal.
  • Obtain Your Claim File: Under ERISA, you are entitled to access your complete claim file from Liberty Life following a denial or termination.  This file includes everything Liberty Life evaluated in their decision process, such as your claim forms, medical and vocational evidence, internal notes, reports from consultants or examiners, and your full disability policy.  Reviewing the claim file can shed light on why your claim was rejected.
  • Consult with an Experienced Attorney: Given that the administrative appeal may be your sole opportunity to avoid litigation, speaking with a long term disability attorney experienced in long term disability is advisable.  A knowledgeable ERISA attorney can help you obtain substantial evidence and craft a compelling appeal, increasing your likelihood of reversing Liberty Life’s initial denial.

Have courts criticized Liberty Life’s disability claims handling practices?

Yes, courts have criticized many of Liberty Life’s disability claims handling practices.  While Liberty Life is legally obligated by ERISA to act in good faith, the reality of claim denials and terminations paints a complex picture.  Many courts have subsequently rebuked Liberty Life’s administering of disability claims.

Here are a few examples:

• • Donachie v. Liberty Life Assur. Co. of Bos., 745 F.3d 41 (2d Cir. 2014): The plaintiff’s case against Liberty Life Assurance Company of Boston involved his claim for long term disability benefits following complications from aortic valve replacement surgery.  The court granted the plaintiff summary judgment, criticizing Liberty Life for ignoring substantial medical evidence that the audible clicking of the prosthetic valve significantly exacerbated his major depression and rendered him unable to perform his job.
  • Sabatino v. Liberty Life Assurance Co. of Boston, 286 F. Supp. 2d 1222, 1231 (N.D. Cal. 2003): The core issue revolved around Liberty’s denial of the plaintiff’s claim for long term disability benefits due to a pre-existing condition exclusion, which she contested.  The court criticized Liberty for its handling of the claim, particularly their failure to acknowledge substantial evidence that the plaintiff was actively at work before her leave, which directly impacted the applicability of the pre-existing condition exclusion.  The court also found that Liberty’s reliance on a doctor’s opinion was “suspect” as that doctor failed to take consider the plaintiff’s “severe and chronic pain and the cognitive impairments,” which were caused by her pain medication.
  • Winters v. Liberty Life Assurance Co. of Bos., 2022 WL 6170588, at *1 (D. Mass. Oct. 7, 2022): The court criticized Liberty Life for its narrow focus on the plaintiff’s physical capabilities without adequately considering the cognitive and non-physical requirements of his job.  Additionally, the court found that Liberty Life failed to provide a reasoned decision-making process, as it did not properly align medical assessments with the plaintiff’s actual job duties.

What strategies work best against Liberty Life?

Successfully filing, appealing, or litigating a long term disability claim with Liberty Life demands a thorough and tactical approach.  Riemer Hess has over 25 years of experience fighting insurance companies, including Liberty Life, to successfully secure long term disability benefits for our clients.

Riemer Hess understands what it takes to overcome the tactics insurers like Liberty Life use to deny or terminate long term disability claims.  We also know that each client’s situation demands a personalized strategy and approach.  Our goal is to maximize your chances of a successful outcome while alleviating your stress during the process.

Riemer Hess: Client Success Story

Our client "Elle" was a managing director when her career was cut short by a devastating car accident.  While Liberty Life initially approved Elle’s long term disability benefits, they were terminated prematurely, one month before a critical change in the definition of her disability was set to take effect.  This action came despite Elle’s severe injuries from the accident, which necessitated multiple back surgeries and also led to PTSD—a condition initially overlooked in her claim.

Liberty Life employed both surveillance and an Independent Medical Examination (“IME”) to justify the termination of Elle’s benefits.  Crucially, Liberty Life had denied her claim before her own doctor had the opportunity to review and comment on the IME report, despite having set a specific deadline for this feedback.  Furthermore, Liberty Life’s surveillance misleadingly depicted Elle as physically capable by showing her visiting a personal trainer, failing to acknowledge that these sessions were part of her prescribed physical therapy.

Riemer Hess began by immediately requesting Elle’s complete claim file, which included the actual and complete surveillance footage.  This step was critical for a comprehensive review of all the evidence Liberty Life had used to justify their decision.  Our legal team then undertook a detailed analysis of the surveillance footage.  We had Elle’s doctor review the footage to provide a medical perspective on her activities, emphasizing the therapeutic nature of her visits to a personal trainer.

Riemer Hess referred Elle to a vocational expert to assess how the findings from Liberty Life’s medical examination actually supported Elle’s disability claim, in light of the physical demands of her sedentary job.  Our attorneys also arranged for Elle to undergo a Functional Capacity Evaluation (“FCE”), which was subsequently endorsed by her surgeon.  Her surgeon also provided critical comments on the IME and the video surveillance, reinforcing the legitimacy of Elle’s disability claim.  Finally, in crafting the appeal letter, special attention was given to addressing the impending change in the definition of disability, a factor crucial for reinstating Elle’s benefits.

Through these comprehensive and meticulously executed steps, Riemer Hess was able to effectively challenge and overturn the decision by Liberty Life, thus reinstating the much-needed benefits for Elle.  Elle was grateful for Riemer Hess’s help in securing her long term disability benefits and retained the firm to monitor her ongoing claim.