FAQ: Appeals & Lawsuits:
What Should I Expect When Suing Prudential for a Disability Insurance Benefit Denial?
Disability insurance lawyers Gregory Dell and Rachel Alters discuss their experience in handling ERISA lawsuits against Prudential.

Resolved Cases:
Cigna Overturns Denial Following Dell & Schaefer Appeal
Ms. D contacted our firm when she was denied long term disability benefits by her disability insurance carrier, CIGNA. Ms. D was a Catheterization Lab Tech and was often required to perform her duties during stressful situations involving emergencies like heart attacks and other life-threatening events. She was required to be on call for a minimum of 24 hours, often 2-3 times per week. She had a demanding job that required her to have the ability to maintain focus and concentration.

Resolved Cases:
After appeal filed by Attorney Jay Symonds, CIGNA overturned its previous denial of short term disability benefits for New Jersey Project Manager
Our client, Mr. W, formerly worked as a Senior Project Manager of an Industrial building/construction contractor. In May 2015 a number of medical issues, including chronic pain syndrome, cervical post laminectomy syndrome, cervical pseudarthrosis, as well as degenerative cervical joint disease, cervical facet arthropathy, spinal stenosis, forced Mr. W to stop working and submit his claim for disability benefits, first under his employer’s short-term disability (STD) policy and then continuing under its long-term disability (LTD) policy.

Disability Insurance Claims News:
California Court Rules Disability Claim Accrues When Disability Terminates
Soon after plaintiff left work, the television station fired him. He only learned from another employee that he had long-term disability coverage through the television station and that United was the insurer. The employer refused to give him a copy of the policy, and he did not receive one until after his attorney filed a suit for wrongful discharge and retaliation. Plaintiff then filed a claim for long-term disability benefits.

In this video Attorneys Gregory Dell & Rachel Alters discuss the 6th Circuit Court of Appeals decision that United of Omaha’s termination of LTD benefits of an unskilled and illiterate Plaintiff was unfair and arbitrary and capricious as the Plaintiff was unemployable in any other occupation.

Insurance companies are known for having delays. In this video Attorney Gregory Dell & Stephen Jessup discuss very specific facts surrounding the timeframe for which UNUMS’s extension was to begin and could be tolled in McFarland vs. First UNUM. Learn about the importance of providing all pertinent information during the ERISA administrative appeal process.

In this video Attorneys Gregory Dell and Cesar Gavidia discuss the importance of treating doctor’s to document every complaint and limitation of a disability insurance claimant. They also teach you how to keep your complaints and limitations journaled for your medical team.
Continue Reading Failure of Comprehensive Doctor Documentation Can Result in a Denial of a Disability Insurance Claim

Disability insurance policy holders that have been denied benefits have to act expeditiously to reverse their denial. There are two types of LTD policies – ERISA – purchased through your employer or an Individual disability insurance policy – purchased on your own. Each type of plan has their own set of guidelines to appeal a denial of benefits. In this video attorney Gregory Dell and Stephen Jessup discuss the processes to appeal your denial.

A delay in benefits is a very serious problem in the world of disability insurance benefits. Often the insurance companies delay payments, because they can. The disability insurance attorneys at Dell & Schaefer cut through the clutter and get to what the insurance companies are doing to delay your claim.
Continue Reading What Can You do If There is a Delay in Receiving Your Disability Payments?

Davis v. Aetna Life Insurance Company (Aetna) involves a case where a plaintiff filed an ERISA lawsuit against Aetna alleging that she should receive long-term disability benefits under her employee benefit plan. As it turns out, there was no evidence she had ever submitted a claim for benefits. When Aetna filed its Motion for Summary Judgment, plaintiff failed to file an opposition. The Court determined there was no material issue of triable fact and granted Aetna’s motion.
Continue Reading Louisiana Court Grants Aetna’s Unopposed Summary Judgment Motion

Insurance companies are notorious for relying on file reviews when reviewing disability claims and, unlike claims for social security disability benefits, insurance companies are often allowed to rely on file reviews even in spite of conflicting opinions by treating physicians who are arguably in a better position to assess the functional limitations of an individual. However, insurance companies cannot arbitrarily dismiss the opinions of credible treating physicians without providing an explanation and in certain circumstances courts have found that mere file reviews are insufficient to serve as a basis to deny a claim for benefits.
Continue Reading Liberty Life was wrong for relying on a mere psychiatric file review in reviewing mental health claim for disability benefits