What is the name of your state?What is the name of your state? Pennsylvania
I was on a company's long-term disability plan (ERISA governed) and my benefits were cut-off about 18 months ago. I have a case in Federal Court to get my benefits back. The case is going well and appears as though the company is going to offer a settlement (they know they will probably lose the case).
Basically, my benefits were cut-off because the company's contracted Physician Consultant for their disability department told the company that I was "a fraud" and made other quite slanderous remarks (these remarks are all documented in E-mails that I have copies of from discovery in my ERISA case). He never examined me or even talked to me. It seems as though he just had a feeling that my claim was not legitimate (although even an IME that ordered stated that there was "no evidence of any malingering."). My case has alot of medical evidence to demonstrate my disability (seizure disorder, migraine headaches, systemic lupus) and two of my doctors (one of which is the head of the Neurology Department at the University of Virginia Medical School) have stated that I can not work due to my disability.
Although I am sure that I would most likely remain on the disability plan for a "long time" (I am 90% sure that if the ERISA case goes to trial I will win --- which doesn't happen that often. The reason I am considering a settlement is my fear that the company will cut my benefits off again in a few years and I will have to go through the same arduous process to get the benefits back again.
Because I will have to settle for less than I am entitled to avoid dealing with the stress of this again in the future I am considering making up the difference by going after this Physician Consultant for slander, defamation, or medical malpractice. My ERISA Disability attorney is focussed on winning my case and will refer me to a Liability Attorney when the case is over, however, I want to get a few opinions about my chances of winning my libel case before deciding how much I am willing to settle for in the ERISA disability case. Anyone have any opinions? Is this Physician Consultant protected in anyway because of ERISA? Can I use the e-mails that I have from him to the company in a libel suit? or are they protected documents?
I was on a company's long-term disability plan (ERISA governed) and my benefits were cut-off about 18 months ago. I have a case in Federal Court to get my benefits back. The case is going well and appears as though the company is going to offer a settlement (they know they will probably lose the case).
Basically, my benefits were cut-off because the company's contracted Physician Consultant for their disability department told the company that I was "a fraud" and made other quite slanderous remarks (these remarks are all documented in E-mails that I have copies of from discovery in my ERISA case). He never examined me or even talked to me. It seems as though he just had a feeling that my claim was not legitimate (although even an IME that ordered stated that there was "no evidence of any malingering."). My case has alot of medical evidence to demonstrate my disability (seizure disorder, migraine headaches, systemic lupus) and two of my doctors (one of which is the head of the Neurology Department at the University of Virginia Medical School) have stated that I can not work due to my disability.
Although I am sure that I would most likely remain on the disability plan for a "long time" (I am 90% sure that if the ERISA case goes to trial I will win --- which doesn't happen that often. The reason I am considering a settlement is my fear that the company will cut my benefits off again in a few years and I will have to go through the same arduous process to get the benefits back again.
Because I will have to settle for less than I am entitled to avoid dealing with the stress of this again in the future I am considering making up the difference by going after this Physician Consultant for slander, defamation, or medical malpractice. My ERISA Disability attorney is focussed on winning my case and will refer me to a Liability Attorney when the case is over, however, I want to get a few opinions about my chances of winning my libel case before deciding how much I am willing to settle for in the ERISA disability case. Anyone have any opinions? Is this Physician Consultant protected in anyway because of ERISA? Can I use the e-mails that I have from him to the company in a libel suit? or are they protected documents?