by Steve Fields | October 12th, 2022
September 9, 2022, U.S. Court of Appeals – 6th Circuit – Citation Pending
Messing was a personal injury attorney that had been out of work and receiving disability benefits under his Provident policy from 2000-2018. His claim was denied, and he went through the administrative appeal process. During that process, Provident Life and Accident Insurance Company had a doctor of their own review Messing’s records. That doctor determined there was no objective evidence that Messing remained disabled under the Long Term Disability policy.
The district court denied Messing’s claim, and the Court of Appeals reversed, finding that Messing had in fact proven entitled to ongoing benefits by a preponderance of the evidence, and that his claim must be reinstated. However, Provident had also asserted a counterclaim that it had overpaid benefits to Messing and sought an equitable lien against Messing for recoupment. They made this claim based primarily on old newspaper clippings that indicated that Messing was involved in some legal work in a minimal capacity many years prior. The Court determined that there was inadequate evidence in the record to support the claim for the overpayment, in addition to the insurance company not being entitled to an equitable lien by agreement.
It is not out of the ordinary for an insurance company to assert a counterclaim against a claimant after they pursue Long Term Disability benefits that were wrongfully denied. The stakes are too high in your Long Term Disability case to not hire an attorney. Not only are your future benefits at issue, but the insurance company may try to recoup benefits already paid if they assert an overpayment claim against you. Our experienced Long Term Disability team is ready to help you successfully navigate these issues.
