Our client, a financial advisor, was first diagnosed with fascioscapulohumeral muscular dystrophy (FSHD) in 2002. FSHD is a neuromuscular disease which causes progressive skeletal muscle loss and weakness, defects in the biochemical, physical and structural components of muscle and the death of muscle cells and tissue. FSHD is a severely disabling condition and is the second most prevalent muscular dystrophy affecting adults. Despite our client’s diagnose he continued work with his illness for several years.
Continue Reading Mass Mutual Approves Long-Term Disability Benefits For A Financial Advisor Suffering From Fascioscapulohumeral Musclar Dystrohpy (FSHD)

During the week of July 13, 2009, Attorney Gregory Dell spent several days in Portland, Oregon deposing multiple employees of The Standard Disability Insurance Company. Prior to taking the depositions, The Standard refused to make their employees available for deposition and instructed their attorney to file a motion preventing Attorney Gregory Dell from taking the depositions.
Continue Reading Attorneys Dell & Schaefer Win Motion Against The Standard Disability Insurance Company

Since late 2004, our client, Sumiko Besser has been battling Prudential Insurance Company in an effort to secure her long-term disability benefits. Prudential currently owes her in excess of $900,000 in unpaid long-term disability benefits. Our client became disabled on May 10, 2004, as a result of chronic neck pain caused by multi-level degenerative disk disease.
Continue Reading Attorneys Dell & Schaefer Wins Case Against Prudential Insurance Company Of America On Behalf Of Time-Share Salesperson Suffering From Cervical Disc Disease

Our client, a dentist working in the capacity of a director of clinical technology for a well known company, began experiencing problems with his balance in March of 2009. In his role as director of clinical technology he was required to give lengthy presentations and speaking engagements, as well as be on the cutting edge in dental procedures. His initial balance problem quickly progressed leading to the cancelation of scheduled presentations, and our client seeing his doctors for testing. Test results indicated that he had a life-threatening brain tumor.
Continue Reading Aetna Approves Disability Benefits For Dentist Following Brain Surgery To Remove A Tumor

Our client, a chiropractor, was involved in motor vehicle accidents in 2005 and 2007, which resulted in him suffering from lumbar radiculopathy and cervical discogenic disease. As a solo practitioner and business owner he attempted to continue to work through the pain by working in a reduced fashion. He modified the techniques he employed for certain chiropractic procedures, and had to eliminate others all together. By the middle of 2008 the worsening pain became such that he realized he would no longer be able to work as a chiropractor
Continue Reading AXA Equitable and Disability Management Services Approves Benefits For A Chiropractor Suffering From Lumbar And Cervical Disc Disease

Our client, who suffers from Parkinson’s, was a highly skilled engineer and operations manager for an international corporation before his illness rendered him unable to perform the duties of his occupation. Diagnosed with Parkinson’s years before filing for long term disability benefits under his company’s disability plan, he did everything in his power to work at a job he enjoyed and excelled at.
Continue Reading Attorneys Dell & Schaefer Win Long Term Disability Insurance Appeal Against MetLife On Behalf Of Engineer Suffering From Parkinson’s

The recently decided case of Barteau v. Prudential, 2009 WL 1505193 (C.D. Cal.) is a reminder of what ends Prudential will go to in denying a claim for benefits. Carl Barteau was an Assistant Professor of Mathematics at DeVry Institute of technology for almost eight years before becoming disabled.
Continue Reading Prudential Denies Long-Term Disability Benefits To A College Professor, But The California District Court Reverses the Claim Denial

Since late 2004, our client, Sumiko Besser has been battling Prudential Insurance Company in an effort to secure her long-term disability benefits. Prudential currently owes her in excess of $900,000 in unpaid long-term disability benefits. Our client became disabled on May 10, 2004, as a result of chronic neck pain caused by multi-level degenerative disk disease.
Continue Reading Attorneys Dell & Schaefer’s Client Takes Her Case To Trial Against Prudential In Hawaii District Court

The case of Mary Midgett v. Washington Group International Long Term Disability Plan, 561 F.3d 887 (8th Cir. 2009) is a reminder that there are discrepancies in how Federal courts apply the law with regard to the weight of credibility to give to an insured’s treating physicians versus the opinions of doctors hired by the insurance carrier to conduct reviews of medical records only.
Continue Reading Broadspire And Aetna Deny Long-Term Disability Benefits To Manager Suffering From Fibromyalgia, Arthritis And Cervical Disc Disease

Robert Stanford was a nurse anesthetist in a hospital in South Carolina. In his position, he was exposed to and responsible for administering anesthesia and narcotics to surgical and obstetric patients. Shortly after starting work, he began taking Fentanyl, a powerful narcotic. By September of 2003 he had become addicted to the drug, and entered rehabilitation the following month.
Continue Reading Nurse Anesthetist Denied Long-Term Disability Benefits For Drug Addiction By Continental Casualty Loses At Trial And On Appeal