Shawn E. McDermott - Blog

Our office has uncovered what we believe to be a significant error in the way the Colorado Public Employee Retirement Association (PERA) administers its disability retirement program. As a Colorado PERA member, you may be entitled to certain disability benefits if you are no longer able to work. The PERA Disability Retirement Program consists of two parts: (1) Short term disability (STD) benefits which are paid pursuant to a policy issued by Standard Insurance Company, and (2) Disability Retirement Benefits if you are permanently disabled. PERA STD benefits are payable for a maximum of 22 months. PERA disability retirement benefits can be payable for your lifetime. Standard Insurance is the designated program administrative which makes all disability determinations, whether STD or disability retirement.

In our opinion, and the opinion of at least one Colorado District Court Judge, the PERA STD benefits are being administered by Standard Insurance in a way that is not consistent with the applicable statutory definition. We have come across many denied claims on behalf of potential and current clients which are in fact payable, yet were denied by Standard.

If you have been denied PERA STD benefits by Standard Insurance, you are encouraged to contact our law office. Our lawyers and legal staff will help you determine if your claim was properly handled by Standard, whether the correct disability determination was reached, and your potential avenues of recourse if not. We can assist with your appeal of the disability denial directly with the insurance company or file and pursue a lawsuit if necessary.

For additional information on the PERA Disability Retirement Program, visit teh PERA section of our legal website. Click here.

This office handles a great many number of claims on behalf of PERA Members who are seeking disability benefits. The PERA Disability Program is administered by Standard Insurance Company. For a more detailed discussion of PERA issues, please refer to the PERA disability section of our website by clicking here.

This office recently concluded litigation in the case of Leticia Nunez v. Standard Insurance and PERA. Several important rulings on legal issues were obtained from Judge Frank Plaut who was sitting by designation as the district court judge in Kit Carson County. On behalf of Ms. Nunez, we took the position that the short term disability (STD) policy issued by Standard Insurance Company to PERA for (more…)

A nice win in a case against Standard Insurance and PERA.

On Friday, May 16, 2008, the Colorado Court of Appeals issued a decision of first impression which addresses Standard Insurance Company’s long pursued argument that it is entitled to governmental immunity in administering claims for disability retirement benefits for the Colorado Public Employees Retirement Association (PERA). Our office has handled many of these claims and faced this argument by Standard on more than one occasion. Until now, the Court of Appeals had not been presented with the legal question of immunity, but, now that it has, it has answered the question correctly. Standard Insurance does not have immunity and may be sued directly.

In the case of Moran v. Standard Insurance Co., No. 06CA2081, the Plaintiff appealed the trial court’s finding that Standard was an “instrumentality” of PERA and (more…)