A Colorado woman who on Monday sued Life Insurance Co. of North America for terminating her disability benefits claims the company is using the Covid-19 health crisis to slow-walk its internal appeals process in an effort to save money.
Windy Nesti, an engineer whose long-term disability benefits were terminated in 2019, accuses the
“Upon information and belief, LINA has instituted a new procedure and practice of requesting a substantially greater number medical evaluations (so-called IMEs) in recent weeks and months, during the internal appeal phase, knowing that such in-person medical evaluations could not likely be conducted on a timely basis during the ongoing Covid-19 pandemic,” Nesti said in a complaint filed in the U.S. District Court for the District of Colorado.
According to Nesti, this new practice violates the Employee Retirement Income Security Act and is fueled by the company’s “desire to delay payment of compensable claims as long as possible in order recoup as much interest and/or return on equity.”
Causes of Action: Wrongfully denied benefits under the Employee Retirement Income Security Act.
Relief: Declaration of disability and entitlement to benefits, award of past-due benefits and reinstatement of benefits, attorneys’ fees, and costs.
Response: Cigna didn’t immediately respond to a request for comment.
Attorneys: McDermott Law LLC represents Nesti.
The case is Nesti v. Life Ins. Co. of N. Am., D. Colo., No. 1:20-cv-01642, complaint 6/8/20.