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Riemer Hess Secures Legal Victory on Behalf of Financial Engineer with a TBI

Riemer Hess LLC is proud to announce a significant legal victory in Rhodes v. First Reliance Standard Life Insurance Company, No. 22 CIV. 5264 (AKH), 2023 WL 3099294 (S.D.N.Y. Apr. 26, 2023).  The Court’s decision sends a powerful message to long term disability insurance companies: they will be held accountable for failing to follow the regulations provided by the Employee Retirement Income Security Act of 1974 (ERISA).

The plaintiff, Mr. William Rhodes, a Financial Engineer for a major financial institution, filed a claim for disability benefits after suffering a traumatic brain injury (“TBI”).  First Reliance initially approved Rhodes’s claim but later terminated his benefits and denied his appeal.  After the appeal denial, Mr. Rhodes consulted with Riemer Hess to sue First Reliance on his behalf.

In the litigation, Judge Alvin K. Hellerstein granted Rhodes’s motion for a de novo standard of review, holding that First Reliance failed to “strictly adhere” to ERISA’s claims procedure regulations.  As a result, the Court would apply no deference to First Reliance’s previous decision, even though the plan granted discretion to First Reliance.

Riemer Hess has over 25 years of experience fighting long term disability insurance companies on behalf of our clients.  We have won long term disability claims, appeals, and litigations with all of the major disability insurance companies.  Through this experience, we've learned the tactics each insurance company uses when evaluating long term disability claims and how to overcome them to secure benefits.

Below you can find more information about our strategies for securing benefits from common disability insurers.  Feel free to ask us about our experience with other insurers if you do not see yours below.  We have dealt with all of the major insurers and many of the lesser-known ones.