Disability Benefit Claims Law Blog : Disability Benefits Lawyer & Attorney : Dell & Schaefer : Disability Insurance Claims Law Blog

Attorneys Dell & Schaefer were retained by a former chiropractor who was receiving long-term disability benefits from one of her two disability policies. Despite one company paying her long-term disability benefits, Lincoln National refused to pay disability benefits, claiming she could perform the substantial and material duties of her occupation as a chiropractor. Following her initial consultation with attorneys, Gregory Dell and Robert Kerr, she retained the firm to pursue the disability benefits owed to her under the Lincoln National policy.

Our client was unable to continue working as a chiropractor as a result of back pain and arthritis in her shoulders and hands. Before moving to south Florida, she owned a successful practice in Colorado, and treated with a physical medicine and rehabilitation doctor in Denver. Because of her illnesses, she was forced to stop working and sell her practice. She subsequently moved to south Florida in the hope that the milder climate would ease the pain that makes her unable to work.

Despite her treating physician’s clear support of her disability, Lincoln National denied our client benefits based on their independent medical exam (IME) and surveillance of her riding a bike. Dell & Schaefer worked with our client and her physicians to develop the medical support necessary to properly document and support her claim. After several months of treatment by the appropriate physicians, Attorney Robert Kerr submitted an appeal to Lincoln National outlining the documentation and clear support for our client’s right to long-term benefits. Within a reasonable timeframe of receiving the appeal, Lincoln National approved our client’s long-term disability benefits and paid all past due benefits.

Attorneys Dell & Schaefer will continue to handle our client’s claim moving forward to ensure that she continues to receive her long-term disability benefits on a monthly basis.
 

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Our client was a successful, independent financial advisor who owned her own business. On December 21, 2008, while stopped at a red light, her car was struck from the rear by a cement mixer. Within days of the accident she was beginning to experience pain in her neck and lower back. MRI reports indicated multiple herniations of her cervical and lumbar spine. Unable to return to her office for little more than an hour at a time, her fear of losing all she had worked for became an unfortunate reality. Due to her inability to continue working, she decided to make a claim for disability benefits under her long term disability policy. Three months after her accident, she contacted Dell and Schaefer to assist her in the preparation of her claim for long-term disability benefits.

Attorneys Gregory Dell and Stephen Jessup worked closely with our client to ensure that her doctors appropriately documented her restrictions and limitations. After a thorough review of her medical records and obtaining a firm understanding of her occupation as a financial analyst and business owner, Dell and Schaefer filed her application for benefits in early May of 2009. Dell and Schaefer argued that despite the fact she attempted to return to work during the four months following her auto accident, that she was totally disabled from performing the material and substantial duties of her occupation as of date of her accident. Lincoln National made additional requests for information and further inquiries from our client, which were anticipated by Dell and Schaefer, and met with prompt and consistent responses. In response to the application for disability benefits and additional information in support of disability submitted by Dell and Schaefer, Lincoln National approved our client’s claim for long term disability benefits back to the date of the car accident. The claim for long-term disability benefits was approved within 30 days.

Attorneys Dell and Schaefer continues to handle our client’s claim with Lincoln National on a monthly basis. All communications from Lincoln National are sent directly to our office and Lincoln National is prohibited from having any direct communication with our client. Attorneys Dell & Schaefer represents claimants nationwide in all aspects of a long-term disability claim, which includes everything from the application process through litigation of any disability claim denials.
 

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