ERISA Settlement Agreement Under Duress Legal?

[jabarl]

My sister who has psychiatric disabilities worked for company and carried and LTD insurance policy to reimburse 70% of income if disabled. Upon becoming disabled she received her compensation. The company changed plan administrators and was bought out by another company. Soon after she was denied benefits due to nature of her illness. She hired an ERISA attorney who was not responsive and he never secured copy of of original SPD which she believes did not limit her benefits because of Mental Illness clause and states would be entitled until no longer disabled or age 65. (Even has a letter from original Plan Administrator stating as much). Unfortunately she attended a mediation hearing and for lack of better judgment I let her go in there by herself. She ended up signing a settlement agreement that miniscule to the $450,000 she was entitled to. Since the attorney was non-responsive, she felt under duress and lacked judgment is there anyway she get this opened back up? Possibly attorney malpractice. Also, aren't her rights protected under ADA and Mental Health Parity Act against discrimination for a disease that is mental in nature? Does anyone have any ideas how she might get this reopened and invalidate agreement signedin 7/2009. I feel bad she is struggling to get by on mere social security which barely pays her mortgage and does not qualify for any assistance. She would have had an additional $1852 month if benefits were reinstated as they should have been. Does she have any recourse. I feel so bad for her and partially responsible knowing she has cognitive, judgement issues with her illness.

[ealahweemah72]

she is struggling on a settlement of $450,000.00?
if she receives SSDI the LTD insurer takes an offset, she does not and CAN NOT receive both.

LTD generally is only for 2 years of disability that prevents you from doing your regular job, it will only continue after 2 years if someone is totally disabled & unable to do ANY job.
the keys to be considered under ERISA and LTD is the ability to do any work.
the definition of disability under ERISA is much stricter, and harder to meet then under SSDI.


ERISA cases are next to impossible to appeal since when you go to court for ERISA all that legally can be challenged is the outcome, NO new evidence may be considered. ERISA must be dealt with in the federal court system, it is strictly regulated and enforced.
the complexities of the laws and the fact that there is little room for any type of negotiations is why so few attorneys will take such a case. seldom are the settlements ever changed, even when challenged because the insures simply MUST follow the guidelines, there is basically NO judgment involved.

if you want to try and contest this you will have to make a choice from a very limited number of attorneys who can represent you/her in federal court and they must have the expertise under ERISA.
MOST attorneys can NOT handle this case.

I am NOT implying you have a case, I think you probably do NOT but if you which to proceed you must do so quickly there are time limits (which may have already passed)......

[jerrick]

About the only thing that you could do in this case is have a different attorney look at the information and give you a second opinion regarding what the next step should be.

While you've provided a level of detail here, there is no way without understanding every aspect of the case that someone without complete knowledge of the situation would be able to give you good guidance.