ERISA FAQs
How can I afford an attorney?
We are here to help. We are flexible and try to meet our clients' needs. The vast majority of our clients are represented on a contingency fee basis. This means that if we do not recover for you, we do not get paid. We can also be paid on an hourly basis by those who so choose.
Can a lawyer just write a threatening letter and get my benefits?
Not often. It usually requires a lot more effort than that. Plans and insurance companies employ a number of people to help them deny your claim. They have doctors, nurses, lawyers and many other well-trained individuals. In order to successfully present an appeal, you must obtain the entire claim file. Often, parts will be unlawfully withheld without you knowing it.
A vigorous, in-depth and thorough review of your claim file utilizing legal and medical professionals is necessary to discovery what is missing and to successfully pursue the benefits to which you are entitled. This may require medical, vocational and legal evidence. You should run, not walk, from any attorney who thinks a simple letter is all you need. A diligent, determined, and quality effort is required.
The adjuster seems pretty nice on the phone. Doesn't he have to be fair to me?
In a perfect world, yes. However, the adjuster works for the company, not you. Denying your claim saves them money. They are not your advocate. You need your own.
You need an experienced ERISA litigator on your side to fight for the benefits you deserve.
My claim was denied. Should I appeal it myself?
It is critical to hire an experienced ERISA attorney after your claim is denied. You should not appeal the claim yourself.
Insurance companies and administrators have language in their plans that give them the right to deny your claim for a wrong reason as long as there is some reasonable basis to support that wrong decision. Therefore, you need an experienced ERISA litigator to handle the appeal and make your claim record overwhelmingly strong in your favor. You may be stuck with your appeal file if you later want to file a lawsuit when your appeal is denied. If you didn’t include all that could be there, your chances of winning a lawsuit drop significantly.
Can I get punitive damages?
Unfortunately, no. But, you can get more than the actual benefit.
The remedies generally allowed under ERISA are the lost benefits, interest on those benefits, attorney’s fees, statutory penalties, and equitable forms of relief. Experienced ERISA counsel know how to make sure that you get all that you deserve.
What types of cases have you handled in the past?
Tucker v. Travelers Ins. Co. et al – 7:93-cv-1623 – Northern District of Alabama – Case Term 05/19/1994
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Tuscaloosa County Supply Driver’s wife does not receive coverage for a pregnancy. Plan document statutory penalty and medical benefit case.
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Pension Claim Case
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Retroactive cancellation caused bills for cancer treatment to go unpaid. COBRA Statutory Penalty case for a Birmingham steel plant worker.
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Long term disability claim for a plant worker from Pickens County.
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Bibb County Employee with a Medical benefit claim.
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Long term disability claim for a Boston insurance company employee.
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Birmingham, AL insurance adjustor with a long term disability claim.
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Long term disability claim.
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Tuscaloosa office worker with a long term disability claim
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Mobile, Alabama Sales representative with a long term disability claim.
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Tuscaloosa plant manager with a long term disability claim.
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Mobile, Alabama pharmaceutical sales representative with a long term disability claim.
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Bibb County medical benefit and COBRA claim
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Jefferson County retail clerk long term disability claim.
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Tuscaloosa County cell phone tower repairman with a long term disability claim.
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Huntsville, Alabama alarm system sales representative with a long term disability claim.
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Gadsden, Alabama statutory penalty case for minors whose parents were murdered.
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Jefferson County Alabama Power Co. worker with a long term disability penalty.
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Jefferson County Medical bill case with unpaid bills due to employer keeping premiums.
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Jefferson County substance abuse counselor with a long term disability claim.
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Monroe County maintenance worker with a long term disability claim.
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Cullman County resident long term disability claim
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Jefferson County insurance claims representative with a long term disability claim.
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Cullman County Plant Worker with a long term disability claim.
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Jefferson County resident with a long term disability claim.
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Alcorn County materials handler with a long term disability claim.
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Jefferson County facilities manager with a long term disability claim.
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Baldwin County production supervisor with a long term disability claim.
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Northport, Alabama jewelry company worker with a COBRA claim.
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Shelby County claims department manager with a retirement claim.
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Birmingham, Alabama attorney with a long term disability claim.
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Mobile, Alabama reservation agent with a long term disability claim.
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Morgan County Lockheed engineer with a long term disability claim.
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Jefferson County service representative with a short term disability claim.
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Bibb County photo lab supervisor with a long term disability claim.
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East Mississippi pharmacist with a long term disability claim.
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Tuscaloosa County certified registered nurse anesthetist with a long term disability claim.
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Medical Benefit case for a Marion County resident, and a Mobile County Plaintiff.
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Bibb County Steel worker with a pension claim.
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Jefferson County resident with a life insurance claim.
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Monroe County finishing/shipping assistant with a long term disability claim.
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Madison County pre-media specialist with a long term disability claim.
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Baldwin County widower/beneficiary with a life insurance claim.
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Jackson County appliance assembler with a long term disability claim.
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Mobile County office manager with a long term disability claim.
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Pickens County production team member with a long term disability claim.
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Panola County, Mississippi administrative assistant with a long term disability claim.
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Clarke County assistant manager with a long term disability claim.
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Tuscaloosa County sales agent with a long term disability claim
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Shelby County accounts receivable clerk with a long term disability claim.
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Montgomery County, Mississippi electrical and instrumentation planner with a long term disability claim.
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Tuscaloosa County restaurant manager with a long term disability claim.
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Cullman County accounts payable clerk with a long term disability claim.
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Jefferson County teacher with a long term disability claim.
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Tuscaloosa County mechanic with a long term disability claim.
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Bibb County production foreman with a long term disability claim.
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Meridian, Mississippi production technician with a long term disability claim
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Talladega County process associate with a long term disability claim.
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Roane County modifications planning engineer/electrical planner with a long term disability claim.
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Tuscaloosa County CO technician with a pension claim.
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Marshall County insurance adjustor supervisor with a long term disability claim.
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Blount County beneficiary of father’s estate with a pension claim.
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Pennsylvania technical consultant with a long term disability claim.
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Madison County systems analyst with a long term disability claim.
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Calhoun County receiver with a long term disability claim.
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Tuscaloosa County supervisor with a long term disability claim.
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Jefferson County widower with a life insurance claim.
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Bakery workers with pension anti-cutback case pending in the 2d Circuit.
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Limestone County forklift driver with a long term disability claim.
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Lawrence County financial advisor with a long term disability claim.
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Morgan County engineer specialist with a long term disability claim.
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Jefferson County bank sales representative with a long term disability claim.
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Clark County field trainer with a long term disability claim.
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Giles County, Tennessee BAE Systems employee with a medical insurance claim.
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Talladega County general duty nurse with a long term disability claim.
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Talladega County process associate with a long term disability claim.
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Mobile County patient service technician team leader with a long term disability claim.
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Jefferson County commercial bankruptcy attorney with a long term disability claim.
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Jackson County insurance sales agent with a long term disability claim.
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Tuscaloosa County senior accounts payable specialist with a long term disability claim.
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Madison County customer service representative with a long term disability claim.
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Jefferson County process associate with a long term disability claim.
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Madison County senior military analyst and manager of the defense systems sector with a long term disability claim.
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Madison County critical care registered nurse with a long term disability claim.
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Atlanta, Georgia NFL Active Player with a NFL disability claim.
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Jefferson Count motor vehicle assembler with a long term disability claim.
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Fort Payne Bakery worker with pension anti-cutback case pending in the 2d Circuit.
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Bolivar County maintenance technician/general mechanic with a long term disability claim.
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Baldwin County national sales representative with a long term disability claim.
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Tuscaloosa County maintenance manager with a long term disability claim.
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Mobile County billing specialist with a long term disability claim.
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Elmore County, Alabama computer software professional at McKesson with long term disability claim.
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Mobile County, Alabama lead associate for a collection company with long term disability claim.
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Montgomery County, Alabama AT&T pensioner passed away and issue of next of kin arises.
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Saint Clair County, Alabama Health Spring nurse case manager with long term disability claim.
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Tuscaloosa County, Alabama Insurance sales consultant with long term disability claim.
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Colbert County, Alabama banking branch manager with long term disability claim.
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Shelby County, Alabama life insurance claim as to the proper beneficiary changes.
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Madison County, Alabama jet pilot with long term disability claim.
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Georgia bank president with long term disability claim and limitation of action issue.
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Calhoun County, Alabama customer service representative with long term disability claim.
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Tuscaloosa County, Alabama IWS truck driver with a COBRA claim.
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Grenada County, Mississippi paper mill maintenance technician with long term disability claim.
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Jefferson County, Alabama Honda automobile manufacturing line associate with long term disability claim.
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Dale County, Alabama COBRA case arising from a retroactive cancelation of insurance.
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Talladega County, Alabama Honda automobile process associate with long term disability claim.
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Disability claim made by Eaton employee.
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Dismemberment claim for amputation.
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Long Term Disability – Quality Control Manager, Westpoint Home. Filed January 30, 2014
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Long Term Disability – Shift Supervisor, Golden Peanut Company. Filed March 26, 2014
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Long Term Disability – Supervisor, Allis-Chambers Energy, Inc. Filed May 16, 2014
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Long Term Disability – Assembly Worker, Honda Manufacturing. Filed June 13, 2014
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Long Term Disability – Registered Nurse, University of Alabama. Filed June 24, 2014
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Long Term Disability – Supervisor, Drummond Company. Filed July 2, 2014
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Long Term Disability – Senior Specialty Sales Representative, Sanoti-Aventis US. Filed July 14, 2014
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Long Term Disability – Nurse, CCA of Tennessee. Filed July 29, 2014
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Long Term Disability – Project Engineer, Tyco/Simplex Grinnell. Filed July 31, 2014
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Life Insurance – Machine Operator-Whitesell Corporation – Accidental Death & Dismemberment Policy. Filed August 1, 2014
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Long Term Disability – Clinical Manager, Sun Trust Systems, Inc. Filed August 15, 2014
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Long Term Disability – Personal Banker, JP Morgan-Chase. Filed August 19, 2014
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Long Term Disability – Support Manager, Walmart. Filed October 10, 2014
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Long Term Disability/Group Life Waiver – Customer Service, Rheem Water & Heating Division. Filed October 13, 2014
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Long Term Disability – Operator Assistant, Halliburton Co. Filed October 29, 2014
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Life Insurance – Accidental Drowning. Filed November 14, 2014
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Long Term Disability-Operations Manager, TJX Company. Filed November 14, 2014
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Long Term Disability – Manager, Mohawk Industries. Filed January 13, 2015
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Long Term Disability – Territory Manager, Kellogg Company. Filed January 7, 2015
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Long Term Disability-ATM Specialist, Redstone Federal Credit Union. Filed January 30, 2015
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Long Term Disability – Nurse, Baptist Medical Center East. Filed March 24, 2015
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Long Term Disability – Sales Agent, Kemper Corporation. Filed May 1, 2015
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Life Insurance and Breach of Duty – City of Birmingham. Filed May 4, 2015
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Long Term Disability – Warehouse Worker, Target Corporation. Filed May 20, 2015
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Long Term Disability – Process Associate, Honda Manufacturing. Filed June 16, 2015
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Long Term Disability – Processor, Great West Healthcare. Filed July 10, 2015
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COBRA benefits. Filed July 20, 2015
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Long Term Disability–Technical Support Mgr, Protective Life. Filed September 16, 2015
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Long Term Disability-Coding Mgr., Anderson Reg. Med. Ctr. Filed September 23, 2015
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Long Term Disability – Brand Merchandise Expert, The Gap. Filed October 13, 2015
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Long Term Disability – Senior Accountant, URS Energy. Filed November 10, 2015
Peterson v. Liberty Life Assurance Company of Boston 1:2015cv00204, Mississippi Northern District Court
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Long Term Disability-Nucor Worker Filed: November 24, 2015
Clapp et al v. SouthCrest Bank, N.A. et 2:2015cv00753, Alabama Middle District Court
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Top Hat Plan-Vice President/Peachtree Bank Filed: October 14, 2015
Harris v. The Hartford Life and Accident Insurance Company 5:2015cv02038, Alabama Northern District Court
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Long Term Disability-Sales Rep/Direct TV Filed: November 12, 2015
Carson v. Gerber Life Insurance Company et al 7:2015cv02208, Alabama Northern District Court
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Life Insurance-Power Line Maintenance/Southern Company Services, Inc. Filed: December 2, 2015
Bullock v. Life Insurance Company of North America 7:2016cv00077, Alabama Northern District Court
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Long Term Disability-Shipping & Facilities Manager/Ergon Filed: January 15, 2016
McNabb v. Life Insurance Company of North America 7:2016cv00125, Alabama Northern District Court
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Long Term Disability-Underground Pumping Supervisor/Drummond Company, Inc. Filed: January 25, 2016
Steele v. Life Insurance Company of North America 5:2016cv00145, Alabama Northern District Court
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Long Term Disability-Machine Operator/Endo Pharmaceuticals Filed: January 27, 2016
Stevens v. Sun Life and Health Insurance Company (U.S.) 3:2016cv00076, Alabama Middle District Court
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Long Term Disability-Mortgage Loan Processor/Auburn Bank Filed: February 5, 2016
Bulgar v. Eaton Corporation 1:2016cv00405, Ohio Northern District Court
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Pension-Marketing Manager/Eaton-Filed: February 22, 2016
Hill v. Hartford Life & Accident Insurance Company, The 2:2016cv00334, Alabama Northern District Court
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Long Term Disability-Senior Teller/BB&T Corporation Filed: February 25, 2016
Henderson v. Aetna Life Insurance Company et 2:2016cv00440, Alabama Northern District Court
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Long Term Disability-Business Development Manager/Performance Food Filed: March 17, 2016
Martin v. USAble Life 2:2016cv00287, Alabama Middle District Court
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Long Term Disability-Textile Worker/Frontier Spinning Mill Filed: April 22, 2016
Manke v. Reliance Standard Life Insurance Company 7:2016cv01257, Alabama Northern District Court
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Long Term Disability-Sr. Master Mechanic/ Sonic Automotive Filed: August 1, 2016
Beasley v. Lincoln Financial Group 7:2016cv02059, Alabama Northern District
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Long Term Disability-Court Representative/Alabama Family Trust Corp. Filed: December 22, 2016
Carroll v. Liberty Life Assurance Company of Boston 7:2017cv00130, Alabama Northern District Court
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Long Term Disability-Inside Sales Rep/Nucor Filed: January 24, 2017
Carnes v. The Prudential Insurance Company of America 2:2017cv00121. Alabama Middle District Court
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Long Term Disability-Life Records-Alfa Insurance Filed: March 2, 2017
Blair v. Life Insurance Company of North America 5:2017cv00375, Alabama Northern District Court
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Long Term Disability-ATM Specialist/Redstone Credit Union Filed: March 9, 2017
Dutton v. Liberty Life Assurance Company of Boston 5:2017cv00385, Alabama Northern District Court
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Long Term Disability-Sales Associate/Nucor Filed: March 10, 2017
Parsons v. Life Insurance Company of North America 2:2017cv00844x, Alabama Northern District Court
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Life Insurance- Widow of Attorney/Carr Allison Howard Oliver & Sisson PC Filed: May 22, 2017