disability insurance

[sondra]

iwas injured in work-related accident on 9-16-91 and qualified for worker's comp. benefits in early 1992 and continued to receive w/c benefits until case settled through mediation in march, 1998. i learned in sept. 1997 that former employer had terminated me effective 4-1-96, but never gave mea areason for the termination. i filed a charge for age discrimination with EEOC because i was witin 8 months of being eligible for full retirment benefits. the charge was dismissed because EEOC said my charge was not filed within 300 day time limit. i obtained my complete file from EEOc and learned that my former employer had placed me on company paid long-term disability effective 4-1-96, which was the reason for my termination. under the terms of the long-term disability contract, all worker's compensation benefits would cease, and i would be covered under company's major medical plan for two years, pension accruals would continue, and i would receive disability payments until i reach age 65 or die, whichever came first. i am now age 59, and have never received any disability payments from former employer. furthermore, former employer never imformed me, my lawyer, worker's comp. insurance carrier, or even their own lawyers that i had been placed on disability. i have notified state of louisiana insurance commission of this situation, as i believe it constitutes insurance fraud. also, in the settlement papers i signed with the worker's comp. carrier, AIG, i agreed to pursue no further claims against my former employer. so now they say i am not entitled to any pension benefits. i believe they have violated my rights under the federal ERISA laws as well as insurance fraud. am having trouble getting anyone to see my point of view. any advice for me. where can i go next?

 

[ALawyer]

AIG is NOTORIOUS for not paying claims. They fight claims payments tooth and nail.

The first person I would go to is the lawyer who you used when you signed the release. What may be key is exactly what the release said.

The second avanue is the trustee of the pension plan. If by its terms you continued to accrue benefits, you should be entitled to them, from the trustee of the Plan, nd a release from WC or the carrier should not deprive you of them.

You may have to find a lawyer who will advise you and take you on for an hourly fee now for the research and study needed, with an extra fee on a contingency basis if you collect. After a release lawyers are often reluctant to get involved.