We do not handle social security disability claims
Recent Post

Federal Court Permits Discovery in ERISA Disability Litigation

WRITTEN BY:
Justin Frankel
November 21, 2013 | ERISA Disability Appeals
Over $250 Million Recovered for Our Clients

A Federal Judge in Pennsylvania was recently asked to determine the nature and scope of discovery in an ERISA disability insurance matter, where the claimant was pursuing the deposition of Aetna’s Senior Appeal Specialist, the person who decided his claim on appeal.

Aetna sought to limit the scope of discovery and had pursued a motion to quash the deposition, in effect, seeking to have the Court stop the claimant in its pursuit of discovery in the ERISA disability litigation. Aetna was the insurance company who was financially responsible for the payment of any benefits, and who had terminated the claim. In seeking to limit the scope of discovery, Aetna had argued that even thought it had an undeniable conflict of interest, as the entity deciding the claim and the one financially responsible for the payment of any owed benefits, discovery was not appropriate.

The claimant had pursued discovery, and specifically the deposition from Aetna as to several important topics. These included inquiries relating to the medical and vocational consideration of the claim, and various requirements imposed by Aetna upon the claimant.

The Court, in reaching its determination, recognized that permitting discovery was not in conflict with the Supreme Court’s decision in Met Life v. Glenn, and that conflict was an area of inquiry that is not foreclosed to discovery in ERISA actions. The Court noted that evidence of the conflict of interest and how significantly to weigh that factor in the Court’s determination was not necessarily apparent on the face of the administrative record.

Despite noting that evidence regarding potential procedural irregularities might be outside of the administrative record, such information could be relevant to the Court’s consideration of the case, in determining what weight, if any, to be attributed to the conflict of interest. Thus, the Court stated that “discovery rules should be construed liberally.”

The Court thus denied Aetna’s application for a protective order and permitted the deposition to proceed.

Our firm has been a leader in securing discovery in ERISA litigation, and has secured the most widespread discovery in these types of cases. Our relentless efforts to protect our clients and develop a sound record in litigation has supported our results.

Charles v. UPS National LTD Plan

Justin C Frankel

Written By Justin Frankel

Attorney

Justin C. Frankel is committed to fighting for the rights of clients when their long term disability insurance claims have been denied, delayed or terminated.


Client Testimonials

Rating stars 5.0 Average on Martindale & AVVO
  • We know how important our work is to the people we represent, and we’re pleased to share this recent note from a client. Dear Justin and Christina, I wanted to take a moment to express my sincere g…
  • Our 60-year-old client worked for the world’s largest out-of-home advertising company as a Senior Buyer and outdoor furniture supplier, doing everything necessary to manage a contract for twenty ye…
  • Successful ERISA Appeal of Cigna Denial for High-Ranking Aviation Executive from Florida A 61-year old woman with a prestigious role at a leading aviation company never imagined she would stop work…
  • ERISA Case Headed to Trial in Federal Court – Barber v. Sun Life & Health A Federal Judge in Connecticut has scheduled a trial with live witnesses in an ERISA case, to be decided under the arbi…
  • F&N Resolves a Four Year Delay in UNUM Lump Sum Settlement Matter We were contacted by a 56 year-old man from Maryland who had been trying to negotiate a lump sum settlement of his private disa…
  • Our client, a successful New York dentist, was on claim for a number of years with Trustmark Insurance, due to severe orthopedic issues, which did not permit him to safely and effectively practice …
  • “OK, now that I have had a chance to calmly review the documents, I just wanted to thank you for all of your help. I am certain that if I would have tried to do this myself, I would not have had th…
  • The Law Office of Justin Frankel Navigates Complex Issues, From Claim Preparation to Lifetime Management, for Chiropractor A New York chiropractor in his mid-50s was concerned about complex issues …