Gregory Dell and Cesar Gavidia explain a critical issue many disabled employees face: how signing a severance agreement with an employer can inadvertently destroy your right to pursue long-term disability benefits. This commonly arises when an employee has been out on medical leave, the employer can no longer hold their position, and a separation package is offered. The severance agreement typically contains broad release language waiving “any and all” claims, including ERISA-related causes of action, which can unknowingly encompass claims against a disability insurance carrier even if that carrier isn’t named in the agreement.

Gregory Dell and Stephen Jessup discuss whether doctors employed by disability insurance companies are fair when reviewing claims. Both attorneys agree that these doctors are overwhelmingly biased, routinely cherry-picking medical records to justify denials while ignoring evidence that supports a claimant’s disability. They point out that these physicians are paid and bonused by the insurance companies, creating an inherent conflict of interest, and that the same small group of doctors appears across carriers producing denial after denial.

This discussion focuses on how disability appeals with Unum work, particularly after a claim has already been approved and then denied. The attorneys explain that once benefits are cut off, Unum is not required to continue payments during the appeal process, which can create financial stress for claimants. While back pay is awarded if the appeal is successful, rushing to submit a quick appeal is strongly discouraged because it is the claimant’s only opportunity to strengthen the case before the claim file permanently closes.

This discussion addresses the common belief that disability insurers deny all claims, clarifying that while many claims are approved, denials are still frequent—especially during key transition periods. The attorneys explain that although insurers may approve a large percentage of claims overall, many approvals are temporary, such as short-term disability that later converts into a denial when transitioning to long-term benefits. They also highlight how insurers rely heavily on doctor-completed forms and return-to-work assessments, which can be misleading or biased, sometimes leading to denials even when medical conditions haven’t improved.

Our long term disability lawyers answer common questions about appealing a disability claim denial from Prudential. We explain that the success of an appeal largely depends on the strength of the evidence supporting the disability. Claimants must provide strong proof such as medical records, physician statements, diagnostic tests, and evaluations that demonstrate their inability to perform the duties of their occupation. While success rates vary depending on each case, experienced attorneys may win a significant portion of appeals when the evidence is well developed and presented effectively.

Long term disability attorneys Rachel Alters and Gregory Dell explain how disability insurance claims are often reevaluated when the definition of disability changes from “own occupation” to “any occupation.” During the first phase—typically the first 24 months under many employer-sponsored policies governed by ERISA—a claimant qualifies for benefits if they cannot perform the material duties of their specific occupation as it exists in the national economy. After that period, the definition becomes stricter: the insurer may terminate benefits if it believes the claimant can perform any gainful job consistent with their education, training, and experience, often defined as work that pays around 60% of their pre-disability income.

This discussion provides practical tips for people who are still working but considering filing for short or long-term disability. A key first step is getting a copy of the full disability policy (not just a short summary). For employer group plans, employees can request all benefit policies from HR under the guise of general financial planning if they don’t want to signal a pending claim. The most critical foundation of any claim is strong, consistent medical documentation. Claimants should seek treatment before stopping work when possible, have doctors document all symptoms and functional limitations in detail, and ideally obtain medical support for stopping work. Using sick leave while building medical evidence can help bridge the gap and show a consistent history of problems.

Long term disability attorney Greg Dell and Stephen Jessup discuss Davies (formerly Disability Management Services) as a third-party administrator that handles long-term and short-term disability claims on behalf of insurance companies.