Gregory Dell

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Disability attorneys Gregory Dell and Rachel Alters discuss a case out of the Western District of Washington in which the district court found that Hartford acted arbitrarily and capriciously when it terminated the benefits of a woman suffering from fibromyalgia. The woman had been receiving benefits for nearly two years after Hartford had agreed she was disabled from working in her own sedentary occupation.
Continue Reading Disability Lawyers Discuss Court Ruling Reversing Hartford’s Termination of Benefits to Claimant Suffering from Fibromyalgia

In this video, disability insurance lawyers Gregory Dell and Cesar Gavidia consider the effect on Amazon workers’ disability claims now that Hartford has bought the Aetna Disability Insurance Company. They conclude that changes will be unlikely since both companies now engage in extensive and exhaustive claims review, using every possible avenue they can to avoid paying long-term disability claims.
Continue Reading Disability Attorneys Discuss Hartford’s Purchase of Aetna and How It May Affect Amazon Workers

In this video, Attorneys Gregory Dell and Victor Peña discuss general trends with Disability Insurance companies. They note that no matter how large an insurance company is, nor how long it has been in business, all disability insurers seem to have the goal of denying as many claims as possible. The insurance companies are in the business of making money, and the more people they have on claim, the less profit there is to the business.

There are more than 40 long term disability (LTD) insurance companies, and they all seem to have different behaviors, which often change as a company undergoes new management, hires new workers, and develops new strategies. At Dell & Schaefer, we have learned how to work with each one of them and know how they each deal with a claim.Continue Reading Disability Lawyers Discuss How the Largest Insurance Companies View a Claim for Disability Benefits

Resolved Cases:
Insurance Sales Agent gets LTD Claim approved a second time after Attorney Alexander Palamara files second appeal to Prudential.
LTD Claim Approved for a Second Time for an Insurance Sales Agent after Prudential Denies Claim Based on Self-Reported Physical Capabilities

Disability Insurance News:
Washington District Court overturns denial of benefits to former Boeing…

A recent decision from the United States District Court for the Middle District of Tennessee established strong arguments in support of total disability for an OB/GYN suffering from an injury to her right index finger. In Nylander v. Unum Life Insurance Company of America (Unum) the Court was tasked with ruling on a Motion for Summary Judgement filed by Unum in which Unum was asking the Court to dismiss Dr. Nylander’s claim for total disability benefits. For reasons discussed below the Court denied Unum’s motion and in doing so allowed Dr. Nylander’s claim for total disability to proceed through to trial.

There are certain legal factors that must be determined by a Judge when entering a ruling on a Motion for Summary Judgment, the most important being a determination as to the existence of a material issue of fact for a decision maker (Jury) to consider. This article will focus on the factors that the Court deemed were sufficient to establish a material issue of fact in Dr. Nylander’s claim for total disability benefits that resulted in the case not being dismissed. It should also be noted that Dr. Nylander’s disability insurance policy was an Individual Disability Income/Insurance (IDI) policy and not an employer provided group disability policy governed by ERISA. As such Dr. Nylander has a great deal more rights as it relates to trial- including a jury trial, live testimony, the ability to take depositions, etc.Continue Reading Court Finds Evidence of Total Disability for OB/GYN With Finger Injury

Resolved Cases:
Dr. Julie, a Pediatrician with ovarian cancer and neuropathy in her hands was initially denied long-term disability insurance benefits by Reliance Standard Insurance Company. After being referred by a local lawyer to Attorney Cesar Gavidia, he and his Appeals Team, successfully appeal the denial and recover over nine months of owed benefits as…

Disability Insurance News:
Reliance Standard overturns a denial of disability benefits to Project Manager suffering from Chronic Pain following an appeal submitted by Attorney Stephen Jessup.
Reliance Standard Reinstates Disability Benefits to Project Manager

Disability Insurance News:
Tennessee Federal court denies Unum’s Motion for Summary Judgment and holds a functional capacity evaluation is objective evidence…