Denied or Delayed FEGLI Claim?


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FEGLI claims may be denied for many reasons. The most common reason for denial, however, is a denial based on an invalid beneficiary designation form. The following is a list of situations where a FEGLI beneficiary designation form may be invalid.

 

  • Insured completed the beneficiary designation form but did not sign it;
  • Insured completed the beneficiary designation form and signed it but not in the presence of two impartial witnesses;
  • Insured completed the beneficiary designation form and only one witness signed;
  • Insured completed the beneficiary designation form and two witnesses signed, and one of the witnesses was the designated beneficiary (not an impartial witness);
  • Insured correctly completed the beneficiary designation form, signed it in the presence of two impartial witnesses but did not file it with his employing office;
  • Insured correctly completed the beneficiary designation form, signed it in the presence of two impartial witnesses and sent it to the appropriate office, but the form was received by the office after Insured’s death;
  • Insured correctly completed the beneficiary designation form, signed it in the presence of two impartial witnesses but sent it to the wrong office.
  • Insured changed his life insurance beneficiary by naming a new beneficiary in his will, not in accordance with FEGLIA.
  • Insured executed a trust document and listed his FEGLI policy as an asset of the trust, naming a new beneficiary in the trust document, but failed to change beneficiaries in accordance with FEGLIA;
  • Insured’s divorce decree obligated him to maintain his FEGLI policy for the benefit of his ex-spouse and children, but Insured did not make his ex spouse or his children beneficiaries on his FEGLI policy.

 

The law controlling FEGLI claims states that a cause of action under state law allowing a third party, i.e., someone other than the named beneficiary of a FEGLI policy, to recover the proceeds of a FEGLI policy from the named beneficiary is preempted by federal law because it interferes with Congress’ scheme by displacing the beneficiary selected by the insured in accordance with FEGLIA and placing someone else in their position. Allowing a state law claimant (if he is not the designated beneficiary) to receive FEGLI benefits will frustrate the deliberate purpose of congress to ensure that a federal employee’s named beneficiary receives the proceeds. The law is clear that where a beneficiary has been duly named, the insurance proceeds under FEGLIA cannot be allocated to another person by operation of state law.

 

There may be many situations where a beneficiary designation form or claim is invalid. A FEGLI attorney will help you appeal denial of your FEGLI claim if the claim was wrongfully denied by a life insurance company. If your claim has been denied and you are looking for answers, our FEGLI attorneys are here to help. We provide free consultations to FEGLI beneficiaries whose claims have been delayed and denied. Our FEGLI lawyers work on a contingent fee basis and will charge a legal fee only if you win your case. There is no legal fee if you do not receive the benefits.

 

Call (888) 510-2212 for a free consultation.