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As mentioned elsewhere on this website and in our various blogs, Unum Life Insurance Company assumed the role as the Disability Program Administrator for the Colorado Public Employees Retirement Association’s (PERA) Disability Program. Unum became the administrator on January 1, 2011. If a PERA Member submitted a claim for disability prior to the end of 2010, but the claim decision was not rendered until 2011, then Standard Insurance Company decided the short term disability (STD) claim while Unum was charged with the responsibility of determining potential entitlement to “disability retirement.” Our office has assisted many PERA Members through this claim process. We were recently informed by the Unum claims representative that another one of our client’s claim for disability retirement benefits was successful. As a result, our client is now deemed entitled to disability retiree benefits to be paid by PERA based upon 50% of her “Highest Average Salary.”
Please feel free to contact our office if you require assistance with your Colorado PERA disability retirement claim or have received a denial of benefits from either Standard Insurance Company or Unum for which you most likely need to file an internal appeal with either company. Click here if you would like to read more about the Colorado PERA Disability Retirement Program.
Signed, Shawn McDermott
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As a reader of this blog site, you are likely aware of the class action lawsuit filed by the Law Office of Shawn E. McDermott against Standard Insurance Company and the Colorado Public Employee Retirement Association (PERA). This case is pending in Denver District Court. The basis of the lawsuit is our firm conviction that the PERA Rule 7.45(E) and the PERA short term disability policy issued by Standard Insurance for the benefit of all PERA members does not comply with the law. See my previous blog posts for a more detailed description of this lawsuit by clicking here.
As counsel for Plaintiff in the class action lawsuit filed by our client, Tracey Lawless, we have filed a motion to certify the case as a class action under Rule 23. The issue is now fully briefed and awaiting the court’s decision. Perhaps more importantly, we have also filed our dispositive motion and extensive legal brief asking Judge Hood to agree with our position that the “second prong” of the short term disability (STD) definition found in the policy must beremoved as it is not supported by and is entirely inconsistent with the PERA statute defining when a PERA member is entitled to STD payments. As of earlier this week, the dispositive motions filed by all parties are also now fully briefed. We simply await the Judge’s determination.
As a reminder to all who may be affected, if you believe your case fits within this proposed class or if you have any other questions regarding your Colorado PERA disability retirement claim or denial, you can always contact the disability insurance lawyers at our office for an initial, free consultation.
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On Monday, March 7, 2011, our office filed a class action lawsuit against The Standard Insurance Company and Colorado Public Employees Retirement Act (PERA). The basis of this class action lawsuit is discussed in several prior blogs on this website. You may want to review our prior blog from August 26, 2010 as well as our blog on January 19, 2011. Click here for a link to our website further describing PERA disability benefits.
The amended complaint in Lawless v. Standard and PERA, pending in the Denver District Court, seeks certification of a class whose members are defined as those PERA members whose claim for short term disability benefits have been denied (more…)
We have received an alarming increase in the number of phone calls from PERA Members whose disability claims have been denied by Standard Insurance Company. This office first started noticing this up-tick in incoming calls in the fall of 2010. The fact that Standard Insurance will be replaced by Unum Insurance as the PERA Disability Program Administrator from 2011 moving forward may have something to do with this increase in the number of denied claims experienced by this office.
We have recently filed four new law suits against Standard Insurance and PERA and anticipate filing at least a few more over the next month or so. The vast majority of these claims were denied under the so called “second prong” of the definition of short term disability (more…)
In reading other blogs we have posted, as well as content on our website, one is likely already aware of the extensive experience we have in handling disability claims on behalf of PERA members. Since the change to the PERA disability system in 1999, the designated Disability Program Administrator (“DPA”) of the PERA disability program has been Standard Insurance Company out of Portland, Oregon. We have successfully represented numerous PERA members in both the internal appeal process and in litigation.
We recently learned that Unum Insurance Company will be assuming the role as DPA commencing with all claims filed on or after January 1, 2011. Unum Insurance will also be supplanting Standard Insurance Company as the insurer of the short term disability (STD) benefit. As the DPA, however, Unum will also be rendering all claims decisions concerning “disability retirement,” if applicable. (more…)
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. (more…)
A horrific accident occurred in Denver on Saturday, April 3, 2010 in which two people riding in another vehicle were tragically killed when struck by an RTD bus. From a legal standpoint, the relatives of the deceased will never receive fair compensation for their losses, regardless of the conduct of the bus driver. According to witnesses, the RTD bus ran a red light and struck two vehicles. The RTD bus was being driven by an employee for a private contractor, Veolia Transportation. According to the Colorado Court of Appeals in the decision of Henisse v. First Transit Inc., the contractors of RTD service are considered employees of RTD and therefore covered (and protected) by the Colorado Governmental Immunity Act. As a special district or instrumentality of the State of Colorado, RTD is considered a governmental entity. Regardless of the conduct involved, a governmental entity in the State of Colorado cannot be held responsible for damages to injured individuals for more than a maximum of $150,000 per person, or a total of $600,000 per accident. (more…)
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…)