Perfect Example of Why Claimants Need Lawyers to Appeal Long term disability denials

21/12/2023 29 min Episodio 8
Perfect Example of Why Claimants Need Lawyers to Appeal Long term disability denials

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Episode Synopsis

This is the oral argument in the Sixth Circuit.Vickie Tranbarger sought to establish her right to long-term disability benefits under a policy governed by the Employee Retirement Income Security Act (ERISA). This policy was insured by Lincoln Life & Annuity Company of New York. The crux of the matter centered on the legal scrutiny applied to Lincoln Life’s decision to deny these benefits.Lots of discussion in the case about what the plaintiff provided to appeal the insurance company denial and how she could have done better with a lawyers.Discussion, also, about the 4th Circuit's recent Tekman case.While the district court had previously ruled in favor of Lincoln Life, applying a 'de novo' review due to the policy not granting Lincoln Life explicit discretionary power, the Sixth Circuit faced a pivotal decision. They had to determine the appropriate standard of review: whether to uphold the district court’s 'de novo' approach or to consider the possibility of a 'clear error' standard. This choice was critical, as it would set a precedent in the Sixth Circuit, which had not yet established a firm rule in such cases.Ultimately, the Sixth Circuit decided to uphold the district court's decision in favor of Lincoln Life. This decision came after a careful examination of both the 'de novo' and 'clear error' review standards. The court concluded that regardless of the standard applied, Tranbarger’s claim for disability benefits did not meet the necessary criteria, leading to the denial of her appeal. This ruling not only impacted Tranbarger’s case but also set a significant precedent for future ERISA-related disability claims in the Sixth Circuit.These public domain recordings are brought to you by Ben Glass Law, a national long term disability and life insurance firm headquartered in Fairfax, VA.By making these recordings into a "podcast," we've made the listening easier for claimants, attorneys and claims adjusters alike. If long term disability or life insurance benefits have been denied, we'd love to review your denial letter and give you a strategy for moving forward. This is a free service and you can go here to begin submitting your denial letter.

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