Long Term Disability Insurance Court Litigation
A selection of 35+ civil actions, in the public record, litigated by Attorney Pamela Atkins on behalf of clients denied Long Term Disability benefits.
Atkins & Associates represents successfully many clients in the administrative appeals process on denied Disability Claims – Individual Disability, Group ERISA and non-ERISA claims; these cases are not in the public record because a civil action is never commenced. Read what some of our clients who obtained representation during the appeal process have to say. >>>
Atkins & Associates represents many clients in initial applications for benefits with very good results and litigation is rarely commenced, thus, these cases are not in the public record. Read what some of our clients who obtained early representation have to say about getting help in the initial application stage. >>
Individual Disability Income Lawsuits
Dr. R v. Disability Reinsurance, et. al. 1:04cv01959-N.D.Ga., Filed July 1, 2004, (Major joint/total joint orthopedic surgeon with cubital tunnel syndrome and subluxation of the left ulnar nerve after a fall from a ladder; litigation regarding “own occupation” during a closed period of disability)
*Thompson v. Unum Life Ins. Co., et. al., N.D.Ga., Filed Apr. 1, 2004, 1:04CV00898 (fidelity investment advisor/retirement consultant with cardiac condition) Read the filed Complaint. >>
Atrium Syndicate v. Falkinburg, N.D.Ga., Filed June 27, 2003, 1:03CV01802 (policy revocation action – defending former professional wrestler – Diamond Dallas Page against alleged material misrepresentations in his application for a high limit disability insurance policy)
Price v. Paul Revere Life Insurance, et. al., N.D.Ga., Filed Aug. 26, 2002, 1:02CV02366 (mortgage broker with RSD)
Brenner v. Paul Revere Life Insurance Company, et. al.,State Court of Fulton County, Georgia; Civil Action File No. 99-VS-0158593C (Termination of Disability Income Benefits; Breach of Insurance Contract and RICO case).
Non-ERISA Long Term Disability Lawsuits -church/governmental entities
Adams v. Unum Life Ins. Co. of America, et. al., N.D.Ga., Filed N.D.Ga., No.406CV-0150-HLM (college professor with multiple sclerosis; non-ERISA governmental entity plan).
Perry v. Unum Life Ins. Co. of America, et al., N.D.Ga., Filed July 1, 2004, 1:04cv01954-BBM (Atlanta board of education teacher with multiple sclerosis and diabetes;non-ERISA governmental entity plan)
ERISA Long Term Disability Lawsuits
*Edmond v. Engelhard Corp. n/k/a BASF, Catalysts LLC, Filed March 7, 2008, Civil Action No. 5:08-CV -56-MTT; 2010 WL 3937386, 3 (M.D.Ga., September 30, 2010) (litigation of terms of LTD settlement contract that disposed of a previous lawsuit between the parties where the parties dispute the time period Engelhard must provide medical and pension benefits to our client Edmond; court held Engelhard wrongfully terminated medical coverage to Edmond and his family and pension credits and awarded benefits to retirement age, interest, and attorneys fees and costs of litigation) Read the court decision awarding benefits.>>
Burgis v. Hartford Life and Accident Insurance Company, et. al.,1:10-cv-01098-TWT, Filed 4/13/2010 (N.D.Ga. 2010) (represented consulting project director for Oracle Corporation; diagnosed with insulin diabetes mellitus with related nephropathy, neuropathy, edema, retinopathy, renal failure and hypertension; terminated from LTD after 24 months while receiving Social Security Disability).
Tidwell v. Reliance Standard Life Insurance Company, et. al.,1:10-cv-00152-CAP, Filed 1/19/2010 (N.D.Ga. 2010) (represented a 20 year employee of Bankers Fidelity Life Insurance Company who worked as a senior customer service representative; disabled due to severe pain associated with lumbar degenerative disc disease with spinal stenosis and facet arthropathy, systemic lupus erythematosus, and kidney disease; approved for any occupation Social Security Disability Benefits but denied LTD benefits).
Hood v. Hartford Life Insurance Company, et. al., 1:09-cv-03455-CC, Filed 12/09/2009 (N.D.Ga. 2009) (represented registered nurse worked with sick children in liver and kidney transplants, neurology, urgent care, primary care and post surgical care at Children’s Heathcare of Atlanta for over 23 years until she became unable to work due to post-laminectomy syndrome with lumbar radiculitis following spinal fusion surgery, pain related depression, and congestive heart failure; terminated from LTD benefits after 24 months).
Chapman v. Life Insurance Company of North America, CIGNA, et. al., 1:09-cv-02716-ODE, Filed 10/01/2009 (N.D.Ga. 2009) (represented warehouse production superintendent disabled due to failed back surgery syndrome and degenerative disc disease who was awarded Social Security Disability benefits but denied own occupation LTD benefits)
Allen v. Life Insurance Company of North America, CIGNA, et. al., 1:09-cv-01179-MHS, Filed 5/01/2009 (N.D.Ga. 2009) (represented former US Air Force Veteran and Lockheed Martin Systems Engineer disabled due to Viral Encephalitis causing acquired brain dysfunction and neurological impairments who was denied own occupation long term disability benefits)
Crouse v. Life Insurance Company of North America, CIGNA, et. al., 2:09-cv-00007-RWS, Filed 01/12/2009 (N.D.Ga. 2009) (represented executive administrative assistant disabled due to lung cancer and its residuals – shortness of breath, fatigue, COPD, and situational depression on denial of LTD benefits)
Mebel v. UNUM Life Insurance Company of America, et. al., 1:08-cv-02498-RLV, Filed 08/04/08, (N.D.Ga. 2008) (represented senior electrical engineer disabled due to visual impairments, residuals from breast cancer, cardiac condition, and related depression on denial of LTD benefits; also represented client in federal court appeal of onset date for SSDI disability)
Wimberly v. Union Security Insurance Company f/k/a Fortis Benefits; Assurant, Inc, et. al;. 1:08-cv-02182-RLV, Filed 07/21/2008 (N.D.Ga. 2008) (represented bank vice president disabled due to complications of obesity including severe sleep apnea, degenerative joint and disc disease, hypertension and cognitive disorder on denied LTD claim)
Wong v. Life Insurance Company of North America, CIGNA, et. al., 1:08-cv-02182-RLV, Filed 07/01/2008 (N.D.Ga. 2008) (represented commercial airline maintenance inspector with degenerative disc disease, cervical spine impairments and radiculopathy in upper and lower extremities in denied own occupation LTD claim).
McElroy v. Metropolitan Life Insurance Company, et. al., 1:08-cv-01512-TWT, Filed 4/22/2008, (N.D.Ga. 2008) (represented Seimens senior account assistant suffering from Multiple Sclerosis; denied LTD on basis that symptoms were subjective).
Krasny v. Jefferson Pilot Financial Insurance Company, et. al., 1:06-cv-01417-TCB, Filed 06/13/2006 (N.D.Ga. 2006) (represented a vice president of dialysis operations disabled due to a variety of illnesses including Lupus, Vasculitis Brain, Seizure Disorder, and Chronic Fatigue on terminated STD and denied LTD claims).
Mars v. Life Insurance Company of North America; et. al., 1:06-cv-01292-GET, Filed 5/26/2006 (N.D.Ga. 2006) (represented a Salomon Smith Barney financial consultant suffering with Anxiety and Depression, Supraventricular Arrhythmia and Inappropriate Sinus Tachycardia on denied LTD claim).
Wyatt v. Aetna Life Insurance Company, et. al., 1:05-cv-02280-CAP, Filed 8/31/2005 (N.D.Ga. 2005) (represented individual suffering from cervical spinal stenosis and severe pain on when LTD benefits were terminated for allegedly failing to comply with a rehabilitation clause in the LTD policy)
Ferree v. Life Insurance Company of North America (LINA), CIGNA, et. al., No. 1:05-cv-2266-WSD; Filed 08/30/2005, Slip Opinion, 2006 WL 2067033, (N.D.Ga., July 18, 2006); Slip Opinion, 2006 WL 2025012, 39 Employee Benefits Case 1885, (N.D.Ga., July 17, 2006) (represented telecommunications executive with idiopathic pulmonary fibrosis on own occupation LTD claim termination)
Frady v. Liberty Mutual Ins. Co. et. al., 1:05-CV-01467-JOF, Filed June 3, 2005, (N.D.Ga. 2005) (represented a certified operating room technician who was unable to work due to degenerative disc disease and multiple injuries following motor vehicle accident in terminated LTD claim).
Rice v. Metropolitan Life Ins. Co. et. al., 1:04-CV-02216-MHS, Filed July 30, 2004, (N.D.Ga. 2004) (represented maintenance technician with angina, dyspnea, stress related physiologic responses and anxiety disorder on denied LTD claim)
Wilson v. Hartford Life, et. al., 1:04-CV-01707-CC, Filed June 14, 2004, (N.D.Ga. 2004) (represented worker with fibromyalgia, hearing loss and small vessel coronary artery disease and headaches on denied LTD claim)
*Myers v. Bridgestone/Firestone Long-Term Disability Benefits Plan, et. al., No. 4:03-cv-00060, Filed Aug. 15, 2003; (E.D.Tenn. 2003); Slip Opinion 2005 WL 1240603, (E.D.Tenn. Mar 01, 2005); Slip Opinion 2004 WL 2270008, (E.D.Tenn. Sep 14, 2004); Slip Opinion 2004 WL 1501631, (E.D.Tenn. Jun 17, 2004) (represented Bridgestone/ Firestone technician with ulcerative colitis and Crohn’s disease who was wrongfully terminated from benefits on two separate occasions; court awarded benefits, interest, penalties and attorney fees against defendant). Read the court decision awarding benefits and the decision awarding additional benefits after a second termination.>>
*Byrom v. Delta Family Care–Disability and Survivorship Plan et. al., 1:03cv01685-JEC, Filed June 17, 2003; 343 F.Supp.2d 1163, (N.D.Ga. Sep 29, 2004) (represented 20 year employee of Delta Airlines disabled due to severe rheumatoid arthritis, interstitial lung disease, lumbar degenerative disc disease and chronic pain; Judge determined LTD termination was arbitrary and capricious). Read the court decision awarding benefits.>>
*Hamall-Desai v. Fortis Benefits Ins. Co., et. al., 1:03-CV-01529-BBM, Filed May. 29, 2003, (N.D.Ga. 2003), 370 F.Supp.2d 1283, (N.D.Ga. Dec 17, 2004) (represented manager of information systems disabled due to hangman’s II fracture of cervical spine; Judge determined denial of benefits was wrong, unreasonable, and tainted by self interest, and administrator breached duty under ERISA to disclose pertinent documents-Plaintiff was awarded benefits, interest, penalties, and attorneys’ fees.) Defendant Fortis appealed and lost. Affirmed by,Hamall-Desai v. Fortis Benefits Ins. Co., 164 Fed.Appx. 963 (11th Cir., Feb 02, 2006) (Not selected for publication in the Federal Reporter, NO. 05-11869); Rehearing and Rehearing en Banc Denied by Hamall-Desai v. Fortis Benefits Ins. Co., 179 Fed.Appx. 687 (11th Cir. Mar 29, 2006)(Table, NO. 05-11869). Read the court decision awarding benefits.>>
Mahajer v. Disability RMS, Fort Dearborn Life Insurance Company, et. al., 1:03-CV-01527-WSD, Filed May. 29, 2003, (N.D.Ga. 2003)(represented electronics technician who following a car accident suffered blowout fractures of both orbital bones causing subconjunctival hemorrhage in both eyes and after surgery recurring episodes of blurred vision, watery eyes, light sensitivity, and pain on denied LTD disability claim)
Denson v. Delta Air Lines, Inc, et. al., 1:03-CV-01526-TWT, Filed May. 29, 2003, (N.D.Ga. 2003) (represented international flight reservationist for Delta disabled due to multiple sclerosis on wrongful termination of sick leave/salary continuation benefits rendering her ineligible for STD and LTD benefits under the Delta Family-Care Survivorship Program; Denson was reinstated and benefits were paid.)
Edmond v. Unum Life Ins. Co. of America, et. al., 1:03-CV-01316-CC, Filed, May. 14, 2003, (N.D.Ga. 2003); 2004 WL 1406098, (N.D.Ga. Jan 16, 2004) (represented water truck driver suffered a disabling back injury on terminated LTD claim and related employee benefits)
Starr v. Unum Life Ins. Co., et. al., 1:03-CV-01268-GET, Filed May 9, 2003, (N.D.Ga. 2003) (Represented outside sales account representative disabled due to fibromyalgia on denied disability claim)
Fitzsimmons v. MetLife, et. al., 1:02-CV-03120-BBM, Filed Nov. 15, 2002, (N.D.Ga. 2002) (represented workers’ compensation claims supervisor disabled due to fibromyalgia, failed lumbar fusion with spinal stenosis, acromioclavicular arthritis in both shoulders with rotator cuff syndrome, osteoarthritis of both knees and left patellofemoral syndrome, chronic pain syndrome, and depression on denied LTD claim)
Hess v. Unum Life Ins. Co., et. al., 1:02-CV-02894-GET, Filed Oct. 22, 2002, (N.D.Ga 2002) (represented plant engineer disabled due to neurocognitive deficits on denied LTD disability claim).
Swanson v. Provident Life, et. al., 1:02-CV-02428-GET, Filed Sep. 03, 2002, (N.D.Ga. 2002) (represented 27 year Georgia Power electrician disabled due to ischemic heart disease and peripheral vascular disease who was repeatedly terminated from receiving LTD benefits).
Braxton v. Long Term Disability, et. al., 1:02-CV-00625-MHS, Filed Mar. 06, 2002, (N.D.Ga. 2002) (represented chief financial officer of hospital disabled due to coronary artery disease on denied disability claim)
Kanes v. Imerys, et. al., 1:01-CV-03507-CC, Filed Dec. 21, 2001 (N.D.Ga. 2001) (represented customer service representative disabled due to a bladder surgical tear on LTD claim denied based on pre-existing exclusion)
Byars v. The Coca-Cola Company Long Term Disability Plan., Filed Nov. 21, 2001, 1:01-CV-03124; TWT, 2006 WL 2523095 (N.D.Ga., Aug 28, 2006); Affirmed in Part, Vacated in Part by 517 F.3d 1256, (11th Cir., February 22, 2008); Rehearing and Rehearing en Banc Denied, 278 Fed.Appx. 1002 (11th Cir., Apr 24, 2008) (Table, NO. 06-15708-DD) (represented Coca-Cola Product Consultant suffering from chronic pain following a horseback riding accident; district court awarded 24 months of own occupation LTD benefits and court of appeals reversed denial of benefits beyond 24 months; case resolved following Court of Appeals ruling)
Cox v. American United Life, No. 1:01-CV-01413-CAP, Filed Jun. 01, 2001, (N.D.Ga 2001) (represented saleswoman and area director disabled due to a back injury on LTD claim denial).