Has anyone ever filed class action suit again LTD carrier?

Discussion in 'Fibromyalgia Main Forum' started by JulieL, Aug 10, 2008.

  1. JulieL

    JulieL New Member

    Hello fellow FM/CFS victims,

    I had been getting benefits from Cigna for 2 years but exactly at the 2nd year mark I was terminated saying I did not meet their definition of disability which is different from Social Security's. This was after I had to take a IME with their doctor.

    I just recently called SSA and asked them about my reconsideration for SSD benefits and they said I had a favorable decision and should be receiving a check in October.

    How can these insurance companies get away with using their terminology and not have to pay. I had three doctors that said I could not work but their doc say I can work for several hours a day. This seems like it would be against the law are an extremely good loophole for them to deny benefits.

    Has anyone ever filed a class action suit against these companies?

    [This Message was Edited on 08/10/2008]
  2. wildflowers2

    wildflowers2 New Member

    you wont win....Insurance companies are nothing but a busness.

    pick your battles this is not one of them......Nor do we have the $$$$$$$$ to go after the ltd companies
  3. JulieL

    JulieL New Member


    I applied through my employer and it took several months. They sent me to several of their doctors (I also had my doctors too) but finally got the LTD benefits. Did not need to use a lawyer to do this.

    I did use a lawyer for my Social Security Disability benefits which I will be receiving soon. I feel like they didn't do much to help my case but who knows...maybe them sending in the papers really does help because I hear some people do not normally get accepted on the reconsidertion process.

    I know that the money that I would be receiving from Cigna would not be alot (around $250.00 a month) but I still feel this is one of my benefits and that I should be getting it. Every little bit helps when you cannot work.

    Best of luck,


  4. acer2000

    acer2000 New Member

    Just curious, why would you file a class action suit? You should get an ERISA (if your LTD benifit was with your employer) or just a regular disability lawyer who has experience dealing with CIGNA. I had to use an lawyer to appeal after they denied me the first time. If they don't approve we will have to sue for benifits, my lawyer doesn't think it will come to that...

    FYI I had to get more testing to measure my disability "objectively". Back to back exercise tests, more cognitive testing, etc... i doubt this will be helpful for treatment, but viral titers don't cut it because they don't show any measurable impairment... (at least according to the insurance company)
  5. Honora88

    Honora88 Member

    Someone has to stand up to them so that there will be a precedent. It takes a lawsuit to change the system.

    Hell, I think that is why america is so great. The threat of getting sued makes companies more conscious and humane.

    I would go so far as to venture that behind every humane company policy and legislature there was a lawsuit or a death behind it that forced more human standards.

    [This Message was Edited on 08/11/2008]
  6. yuckie

    yuckie New Member

    Most LTD carriers have a 2 year limitation on "mental disability" as well as "soft tissue damage". You should probably check into your disability classification with Cigna and their contractual responsibility for that classification. It's possible they slipped this in on you instead of CFS or Fibro. and now you will need to qualify under this "new" classification(which you qualified for all along but they were hoping you would go away).

    Also, a class action suit is brought only when a specific class of people can be identified as having been wronged in a very specific set of circumstances. I'm not sure what qualifies (#'s of people) as a class but you would have to go to an attorney that specializes in this field of litigation and believes he has the requisite number of clients or potential clients to move forward. Don't get me wrong, I'm sure the people are out there but I'm not sure the detailed circumstances can be reconstructed to properly file a class action. Just some thoughts. I hope you are able to resolve this. Take care.
    [This Message was Edited on 08/11/2008]
  7. cjcookie

    cjcookie New Member

    join in because I foolishly settled with them for a very small amount. They get you to where you are desperate and then throw a little money at you. My company was Unum.
  8. mevy

    mevy New Member

    Insurance companies are a real pain in the but (PITA). They are not here for us-they are a business is so true. Their job is to COLLECT PREMIUMS AND TO DENY CLAIMS!!!

    I worked for a surgeon for 15 years and to get them to pay patient claims was a real problem. Could always expect a battle to get claims paid for the patients.

  9. Cinderbug

    Cinderbug New Member

    But it is a private litigation, not a class action suit.
    Mine is not ERISA for what it's worth.

    I also have had SSDI for over a year but had to have an attorney file my appeals for LTD over a two year period but lost all my appeals with my awful insurance company, Lincoln Financial.

    I don't know how those people sleep at night. They must have absolutely no concience.

    They never paid me a cent of my Long term disability despite my attorney heping me so not we have just began litigation.

    I have no idea if I will ever get a cent from them but I must try!

    Good Luck!

    [This Message was Edited on 08/11/2008]
  10. acer2000

    acer2000 New Member

    You don't know how long you will be disabled for, or if you will ever be able to go back to work. Don't settle...
  11. TXFMmom

    TXFMmom New Member

    Unum has been investigated and was fined.

    All of you need to get sleep labs, as they can prove your sleep problems and account for mental fog and fatigue. That is the kind of stuff which stops disability companies dead in their tracks.
  12. scarletstang

    scarletstang New Member

    Unum is who I have to deal with for ltd benefits, which I have yet to receive. I have caught them in so many mistakes and misinformation already. I started corresponding to them in writing only - no more phone calls. Their representatives never include their e-mail addresses on any correspondence, but always their phone numbers. Why? Because e-mail is an acceptable, legal form of correspondence. The laws are written in favor of insurance companies and are very complex. That is why if you pursue them, you usually need an ERISA lawyer. I may have to hire mine.
  13. texasrose204

    texasrose204 New Member

    i do get benefits from unum since may 08 i doubted i would from all the negative i have heard about them. today one of the there rep was coming to the house to check on me? from replies on here telling me no i didnt answer the door. guess i will tell them see me at my dr office or lawyer? i can't afford to lose my benifits i wish i could go to work and have a life! ssdi denied me this week so have to fight that now. i have fm and lupus, depression and ibs.
  14. sadie101

    sadie101 New Member

    they really screwed my life up!! (long story). I can't believe the lies they said and how they twisted my and my doctors word competely around and now I will never get to go back to the job I really love when I get better!!!

    cjcookie-why is unum being sued? I am trying to fight for my LTD back payments with them and I had to get a lawyer.

    TXFMMOM- why is unum being investigated?

    scarletslang- that is what they did to me, the paper the sent me with my denied clam was so not what I said on the phone interview.

    I am so sorry for what unum has done to you also, but now I understand that I am not the only one. they were so nasty to me on the phone when they called to tell me I had been denied and the letter was so rude and so twisted with every word I said.

    take care
  15. buttercakes

    buttercakes New Member

    My doc. put me off work due to Lyme disease, chronic fatigue, FM, depression, anxiety, and brain fog.

    They paid me for 6 weeks then denied me for the rest of my short term policy.

    I also have a LTD policy with them and figure if they wont pay me for short term ,they sure are not going to pay me for LDT.

    I am going to appeal my case,I am waiting for my Doc. to send me my medical records, then I have an attorney
    willing to look at my case. I hope and pray he takes my case, or I dont know what else to do.

    This is just so wrong of these so called companies,
    good luck to all. Any advise would be helpful, Sandie

    [This Message was Edited on 08/28/2008]
  16. Cinderbug

    Cinderbug New Member

    I hope your attorney does better for you against LINCOLN than mine did. He is about to settle for a very small amount after two years.

    Don't trust one thing those Lincoln reps tell you and you are doing right to get an attorney right away.

    I wish there was a way to warn people about this awful company! Lincoln Finacial is the WORSE!


  17. buttercakes

    buttercakes New Member

    I think you and I talked about SUCKY Lincoln before. The attorney I spoke with said they are one of the worst.

    Would you mind telling me what you went out on medical leave for?

    and what did they base their denial on?

    I honestly thought because I had a CDC positive Lyme test, that they would approve me.

    They made my Doc. jump through hoops, and still denied me!! saying not enough proof. What do that they want?

    Thanks Sandie
  18. Cinderbug

    Cinderbug New Member

    I was dx with CFS and FMS but my problem is I cannot stand, walk or exert even a little without being down for hours.

    Here is what I reccomend to you and WISH I would have done prior to the final denial. I cannot add test results at this time per my lawyer. Maybe I can if I wait for a trial.

    GET A SLEEP STUDY! I did but was too late.

    They made my poor doc so nervous when they called him about a letter he wrote for me that they actually put words in his mouth.

    Hope you have better luck with them than I did!

  19. buttercakes

    buttercakes New Member

    Thanks, What does a sleep study consist of?

    and what does it prove? and how will it help my case?

    Sorry for all the questions, Im just clueless on what to do to help my case with them. Sandie
  20. buttercakes

    buttercakes New Member

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