Frankel & Newfield, P.C.

We Have Recovered Over $100 Million In Claims For Our Clients

Call for a Free Consult 866-504-8773
WE DO NOT HANDLE SOCIAL SECURITY DISABILITY CLAIMS

Liberty Life's Decision was Abuse of Discretion

A recent case from the Federal Court in New York has demonstrated that it is an abuse of discretion to terminate a claimant where liability had been accepted for a lengthy period of time, with no change in the claimant's condition. Smith v. Liberty Life Assurance Co. of Boston (N.D.N.Y. 2009).

The decision serves to re-affirm the vitality of arguments that have been successfully lodged by claimants that where a claim has been approved due to the severity of a condition, absent a marked change in the condition in terms of improvement, it is improper for an insurer to alter its prior claim determination, or as stated by the Court "decisions to terminate benefits in the absence of a change in condition....are arbitrary and capricious." The Court also chastised the insurer for crediting the opinion of a "newly hired" physician to review records, which appeared as "physician shopping".

We have unfortunately seen this type of conduct as a recent trend, with insurers going after older files with renewed vigor, hoping to find files to terminate benefits. If your insurer is engaging in similar conduct, please contact our offices to discuss how we can assist you in fighting back against such improper conduct.

Download Our Free Ebook

E-book Download Book
Super Lawyers | Justin AV Preeminent | Justin Avvo | 10.0 | Top Attorney | Justin Super Lawyers | Jason AV Preeminent | Jason Avvo | 9.8 | Top Attorney | Jason

HELPING THE DISABLED NATIONWIDE

  • tick

    No matter where you are nationwide, we are here to help.

  • tick

    We have the resources and support to take on the largest insurance companies.

  • tick

    Contact us today for our nationwide service. Contact Us

FN

Frankel & Newfield, P.C.
585 Stewart Avenue
Suite 312
Garden City, NY 11530

Toll Free: 866-504-8773
Fax: 516-222-0513
Map & Directions