Gregory Dell

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The Plaintiff in Ricky D. Hayes v. Dearborn National Life Insurance Company worked for F.A. Richards & Associates Incorporated as an adjuster for approximately 11 years when he became unable to perform the duties of his own occupation. He was awarded long-term disability benefits based on his diagnoses of depression, anxiety, and a sleep disorder.

Dearborn informed Plaintiff on several occasions, in writing, that since his disabling conditions were mental disorders, he was only eligible for 24 months of benefits. They gave him the opportunity to present evidence of a physical disability.Continue Reading Court Upholds Dearborn’s Denial of Long-Term Disability Benefits

Disability Insurance News:
Appeals Court upholds Virginia court’s ruling that Hartford correctly terminated long term disability benefits to medical transcriptionist who had painful arm.
Appeals Court Upholds Hartford’s Termination of Disability Benefits

Resolved Cases:
Cigna Overturns Denial of LTD Benefits to Maintenance Supervisor previously employed with Checkpoint Systems, Inc., who had a history of 7…

In the case of Michael J. Pacquin v. Prudential Insurance Company of America, Plaintiff Pacquin, a Business Development Director for Transistor Devices, Inc. (TDI), was infected with the West Nile Virus in 2003. As a result, he contracted encephalitis and sustained brain damage. This left him with cognitive difficulties that made it impossible for him to continue his employment.

He was covered under a disability insurance policy which provided him benefits for the first 24 months when he was disabled from working in his regular occupation. After that, in order to qualify for benefits, he had to show that he was disabled from working in any occupation for which he was reasonably qualified.Continue Reading Court Orders Prudential to Reinstate Long Term Disability Benefits

Resolved Cases:
Following submission of a successful appeal by Attorney Cesar Gavidia and his Appeal Team, Prudential reinstates the disability claim and finds claimant disabled from Any Gainful Occupation.
Prudential Denial Overturned on Appeal After Attorneys Dell & Schaefer Established that Medical Device Representative Could Not Perform Duties of Any Gainful Occupation

Charity & Community…

Attorneys Gregory Dell and Cesar Gavidia discuss problems encountered in litigation on behalf of a client who had a stroke. He returned to work, but three years later filed a claim for long-term disability benefits with Aetna Disability Insurance. Aetna agreed with his treating neuropsychologist that he could not work in his own occupation due to his symptoms indicating cognitive, visual, auditory, spatial, and perception issues and awarded him benefits.
Continue Reading Disability Attorneys Discuss Aetna’s Denial of LTD Benefits to Software Engineer Who Suffered a Stroke Followed by Cognitive Losses

In this video, attorneys Gregory Dell and Stephen Jessup discuss the importance of medical documentation by a treating physician. They need to include what impact that condition has on the claimant’s ability to do his or her job. Mr. Jessup won a recent case against Lincoln Financial Group when, on a second administrative appeal, he was able to present convincing evidence that the claimant, who suffered from multiple sclerosis (MS), could not do her job.
Continue Reading Treating Physicians Need to Document in Their Medical Records How a Medical Condition Restricts a Person’s Ability to Do Their Job

This video shows disability attorneys Gregory Dell and Stephen Jessup discussing a win against Hartford’s denial of disability insurance benefits to a Human Resources director who was suffering from Rheumatoid Arthritis (RA). In addition to the usual symptoms associated with arthritis of joint pain and swelling, his impaired cognitive functioning was of more concern to him. His initial claim for benefits was approved when Hartford agreed he was disabled from working in his own sedentary occupation.
Continue Reading Disability Attorneys Discuss the Transition From Inability to Work in “Own Occupation” to “Any Occupation”

Resolved Cases:
Principal terminates surgeon’s residual disability claim after following claimant with surveillance and determining his activity level indicated he could operate on a full-time basis.
Principal Reinstates Benefits of Orthopedic Surgeon Unable to Work Full-Time After Attorney Rachel Alters submits Appeal

Resolved Cases:
Retail clerk suffering from arthritis, chronic knee pain, chronic back pain,…

In this video, disability attorneys Gregory Dell and Victor Peña talk about a case won by Mr. Peña in a second appeal for a man who suffered with back and knee injuries as well as carpel tunnel syndrome. The man claimed he was unable to work in his own occupation which was classified by a vocational assessment as a light-duty occupation.
Continue Reading Dell & Schaefer Disability Attorneys Discuss Winning LTD Benefits on Second Appeal to MetLife and the Importance of Medical Documentation