Select Page

GINA PIKE v. HARTFORD LIFE AND ACCIDENT INSURANCE COMPANY

Pike hired ERISA attorney Lonnie Roach of Bemis, Roach & Reed to help her reinstate her disability payments.

GINA PIKE

v.

HARTFORD LIFE AND ACCIDENT

INSURANCE COMPANY

Civil No. 4:17CV772


Gina Pike was receiving Long-term disability benefits payments from Hartford Life and Accident Insurance Company for a period of about 8 years when Hartford determined she was no longer disabled and discontinued her benefits.

She hired ERISA attorney Lonnie Roach of Bemis, Roach & Reed to help her reinstate her disability payments. Mr. Roach was successful in recovering her benefits.


The Defendant (HARTFORD LIFE AND ACCIDENT INSURANCE COMPANY) paid Plaintiff’s claim (Gina Pike) for LTD benefits from April 24, 2008 through December 14, 2016, the period of time when Defendant determined Plaintiff met the definition of “disability” in the Policy.

However, after later determining Plaintiff was unable to prove she continued to be “disabled” under the Policy, Defendant discontinued LTD benefits effective December 15, 2016. The issue is whether Plaintiff is entitled to receive LTD benefits after December 14, 2016 under the Policy. Plaintiff seeks the benefits she has been denied plus pre-judgment and post-judgment interest, recovery of attorney’s fees and costs, clarification of her right to receive future benefits under the policy, and any other appropriate equitable relief.


The Magistrate Judge Caroline M. Craven determined that based on the Agreed Administrative Record, Plaintiff has demonstrated by a preponderance of the evidence that she cannot perform the essential duties, which includes the ability to work a full work week, of any occupation for which she qualifies.

Plaintiff has shown by a preponderance of the evidence that her disability persisted beyond December 14, 2016.


In her de novo review, the Magistrate Judge also considered the evidence relied upon by Defendant in justifying its termination of benefits and found no evidence of improvement in Plaintiff’s condition since Defendant previously found Plaintiff was unable to sustain full time work in any occupation.

The Magistrate Judge concluded it was improper for Defendant to cease Plaintiff’s LTD benefits, and Plaintiff, is entitled to the reinstatement of her LTD benefits beginning December 15, 2016. Thus, the Magistrate Judge recommended Plaintiff’s Motion for Judgment on the Record be granted and Defendant’s Cross-Motion for Judgment on the Record be denied. The Magistrate Judge also considered whether prejudgment interest, costs, and attorney’s fees should be awarded as requested by Plaintiff. The Magistrate Judge found Plaintiff is entitled to receive LTD benefits from December 15, 2016, and to recover pre-judgment interest on those unpaid benefits. She also found the circumstances support an award to Plaintiff for attorney’s fees and costs, in addition to the benefits amount owed to
her under the Policy.


Supporting Documentation

5 star disability lawyers

"Words can not truly express the gratitude that I feel toward Mr. Lonnie Roach and his professional team. I give them an A+++. Very compassionate and prompt. Their priorities are first and foremost helping you succeed at your case. When you feel helpless, feeling like someone is on your side can mean the world to you. Thank you for working for the people."
-Amy K.


Top SS disability lawyer
top disability attorney

Blog Feed

Cancer and Qualifying for SS Disability Benefits – A Lawyer’s Advice

Cancer and Qualifying for SS Disability Benefits – A Lawyer’s Advice

If you are suffering from the effects of cancer you may be eligible for Social Security disability benefits. Some forms automatically qualify while others do not depending on the severity of the disease.

ltd assistance denied

best disability lawyer

board certified attorneys

Your Free Initial Consultation

At Bemis, Roach and Reed, if we can't help you, we will try to find the right attorneys for you.

We offer each of our prospective clients a free no obligation one hour phone or office consultation to see if we can help you and if you are comfortable with us. We know how difficult a time like this can be and how hard the decisions are. If we can be of assistance to you and help you find a solution to your issue we will even if that means referring you to another attorney.

Or simply call 512-454-4000
to schedule your
Free Consultation

Let's get you Started:

If you could provide us with some basic information about your claim we will get right back with you with a free case evaluation and schedule your Free Consultation Today.

Fields marked with an * are required

Call now for a FREE initial consultation
(512) 454-4000