Mitchell v. CB Richard Ellis Long Term Disability Plan

In this 2009 case, an employee challenged a plan administrator’s denial of long-term disability benefits under the Employee Retirement Income Security Act of 1974, 29 U.S.C.S. § 1001 et seq., the administrator abused its discretion because he was receiving appropriate treatment and was unable to earn 80% of his pre-disability earnings during the elimination period and the next 24 months, and was impaired in his capacity to work, despite working full-time hours; [2]-The policy contained no exclusion or preclusion of coverage where the date of onset of disability occurred before the effective date of the plan; [3]-Because the administrator failed to raise a compulsory counterclaim requesting that the district court determine the respective rights and responsibilities between the administrator and the prior administrator, the district court did not err by declining to reach the issue.

Outcome: Judgment Affirmed.

If you need assistance navigating your claim for short term or long-term disability benefits under ERISA, or it is time to sue the insurance company, please do not hesitate to give Cody Allison & Associates, PLLC a call (844) LTD-CODY, (615) 234-6000. or send us an e-mail Cody@codyallison.com.  We provide representation nationwide and have successfully sued all the major insurance companies in many states. Our headquarters are located in Nashville, Tennessee.  We offer a free consultation and would love to speak with you.