We do not handle social security disability claims
Recent Post

Federal Court Remands Fibromyalgia Claim Back to Liberty Life

Jason Newfield
October 10, 2013 | Disability Insurance Claims
Over $200 Million Recovered for Our Clients

A Federal Judge in Arkansas has determined that Liberty Life failed to properly consider a long term disability insurance claim, and has vacated the determination and remanded the claim back to Liberty Life for further consideration.

The long term disability insurance claim was based upon limitations due to fibromyalgia, and the Court sought to have Liberty Life further evaluate the claim, considering the claimant’s complaints of pain, evaluate her credibility and determine whether the record as a whole shows that the claimant is unable to perform the material duties of her job.

In its initial review and consideration of the claim, Liberty Life failed to properly give consideration to the issues of pain, and did not afford the claimant’s treating physician’s opinion any weight, instead relying upon a doctor who never met, treated, or examined the claimant. While the Court noted that this conduct is not per se improperly, in the present circumstances, the Court felt the reliance upon this paper Physician’s faulty conclusions was improper. Given that pain is a subjective issue, the Court determined that it would not be appropriate for Liberty to rely solely upon objective evidence in assessing her claim eligibility. Rather, her complaints of pain and their credibility, needed to be assessed.

The challenges of fibromyalgia, and other subjective complaint conditions, are common in our practice, and we work with our clients and their physicians to provide comprehensive details and evidence to support these claims.

Hare v. Liberty Life

Written By Jason Newfield


Jason Newfield is a founding partner of the disability insurance law firm Frankel & Newfield. He has spent the majority of his legal career advocating for the rights of disabled workers. He has lectured other professionals, worked on a Federal Advisory committee, and published many articles in the field of disability insurance claims and litigation.

Client Testimonials

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…
  • Frankel & Newfield Navigates Complex Issues, From Claim Preparation to Lifetime Management, for Chiropractor A New York chiropractor in his mid-50s was concerned about complex issues associated…

Filing a Disability Insurance Claim

Secrets the Disability Insurance Companies Don't Want You to Know!