disability claim file/award records lost!!

[pooh1965]

What is the name of your state? Az... I received an award letter from my past employers benefit committee, regarding a claim/appeal for short term disability and long term disability benefits through my disability insurance company. I received this letter in Jan 2004. The letter which stated they would grant the claim also stated that if they had any questions regarding the implementation of the check, they would contact me shortly. After waiting over a month for the benefit check, I called the insurance company directly, and they stated they knew nothing of the claim being reversed or awarded by the employers benefit committee. I called the employers benefit committee (whom had sent the approval for benefits letter 1/2004), and they are now telling me they show nothing notated that they approved my claim, contrary to the letter, stating that the last thing noted was well over a year ago, showing I was denied. I then called the Dept of labor, and they did a three way conference call with me, to the employers benefit committee.. they advise the DOL that my file and or award letter and info cannot be found. The DOL asked if the person whom sent the award letter, and the employer benefits committee states no, they do not (as if they are questioning the authenticity of the letter!). I have received several letters from this committee in the past, all signed by the same person, all on company letterhead etc... Do I have any legal remedies regarding this situation? Is there a legal time limit in which they should have administered the claim check? I cannot afford an Atty, and due to the amount of the disability STD amount, they are not interested in taking my case (erisa). Does the DOL normally take over in this type of situation? Would they possibly be liable for the 100.00 per day fine, for not following through with my claim? I was advised to wait a few days while they are searching for my file/claim, however, it has been a few days, and still nothing... thanks

 

[Dandy Don]

Looks like they are needlessly giving you the runaround. I have no experience with disability insurance but I just wanted to suggest that you contact by phone or e-mail or by letter your Arizona Insurance Commissioner (you can do a search engine search to try to locate his website or look up the address and phone number in your phone book) and file a complaint with this agency/company with him so he can investigate. It is WRONG the way that you are being treated, especially since you have documented evidence in your favor. Could it be that your file was conveniently "lost" so they won't have to follow through and do what they are supposed to do?

If it turns out that the commissioner does not handle this type of dispute, then contact your state senator or congressman. Seems like some type of higher power in state or federal government will be needed to make this agency do what they are supposed to do.