Our client, a professional video cameraman retained Attorneys Dell & Schaefer to secure disability payments under the terms of two policies he had purchased from The Mutual Life Insurance Company of New York (“MONY”). Prior to retaining Attorneys Dell & Schaefer, MONY was paying benefits under a reservation of rights and disputing whether our client was either total or residually disabled. After extensive work with our client, his accountant, and treating physicians, we were able to appropriately present our client’s claim to MONY. MONY accepted liability for the claim and removed the reservation of rights.

Prior to hiring Attorneys Dell & Schaefer, MONY had proposed settling his disputed claim for a low lump-sum buyout. At that time, accepting a lump-sum buyout was not in our client’s best interests because it was unclear how much he would receive under the disability policy, since he was then only residually disabled. After clarifying the status of the claim, Attorneys Dell & Schaefer was able to secure a lump-sum buyout nearly three times that of the original offer prior to hiring our law firm.

Because of Dell & Schaefer’s involvement and handling of the claim, we were able to maximize disability benefits for the client. This claim was handled by Attorneys Gregory Dell and Robert Kerr.

About the author: Gregory Michael Dell is an attorney and managing partner of the disability income division of Attorneys Dell & Schaefer. Mr. Dell and his team of lawyers have assisted thousands of long-term disability claimants with their claims against every major disability insurance company. To request a free legal consultation call 800-411-9085.

Our client, an Engineer Manager specializing in Fluid Power Engineering, suffers from severe Coronary Artery Disease. Despite the fact multiple diagnostic tests performed indicated there were no abnormalities with his heart, he suffered two heart attacks in the span of six months. Following his second heart attack in July 2006, he applied for long-term disability benefits under his employer’s long term disability plan through Prudential. Prudential initially approved his claim for disability benefits, and following his elimination period he began receiving long term disability benefits in September 2006.

→ Click here to continue reading Denial Of Long-Term Disability Benefits To Engineering Manager Is Reversed By Prudential

Many companies offer short and long-term disability insurance coverage to protect a portion of an employee’s monthly income in the event the employee is unable to work as a result of a sickness or injury. Employees pay the premiums for this insurance on a monthly basis so they’ll have something to fall back on if they ever become sick or injured. Of course, many individuals have a sense of security because of this. However, most employees are unaware that once a claim for disability benefits is submitted, the disability insurance company has a “structural conflict of interest”, as it is usually the long-term disability insurance company that both administers and pays any approved claim. This structural conflict is significant as a claim denial allows the insurance company to keep the money for itself and increase its profits. Fortunately for disability claimants, the courts are required to consider this structural conflict of interest as one of many potentially bias factors that inappropriately motivate a disability insurance company to deny disability benefits.

As a disability insurance attorney that has handled thousands of claims against every major disability insurance company, I am constantly trying to educate potential claimants about the tactics of disability insurers. A recent case is a victory for disability policyholders as it exposed the “signs of bias” exhibited by Hartford Life and Accident Insurance Company throughout its decision making process.

→ Click here to continue reading California Court Orders Hartford To Pay Long-Term Disability Benefits To A Telecommunications Manager

As a disability attorney for clients who go up against disability insurance companies all over the country, I can tell you that the insurance contracts are often full of legalese and gibberish that most individuals don’t understand. Unfortunately, most individuals don’t understand even the communication they receive from the disability insurance companies, such as why their claim has been denied. According to the outcome of the case below, even a judge may find communication from the insurance company difficult to understand.

→ Click here to continue reading Appellate Court Reverses Liberty Mutual’s Denial of Disability Benefits To A Bank Employee

Many employees rely on disability insurance benefits if they have been injured or have developed a sickness which prevents them from working. Disability insurance provides individuals with a percentage of his or her typical salary until the employee is able to return to work or turns age 65. However, what employees aren’t usually aware of is that as soon as disability benefits start, the disability insurance company wants them to stop and they will use a wide range of tactics to make that happen.

As a disability attorney who has worked on thousands of long-term disability claims against major insurance companies around the country, I can tell you that insurance company tactics can involve undercover investigations, fact-twisting, and even having bias doctors subjectively determine that you are not disabled as in a recent disability insurance case.

→ Click here to continue reading Metlife’s Wrongful Denial Of Long-Term Disability Benefits To A Wells Fargo Employee Is Reversed

Recently, the California Department of Insurance settled with LINA, a daughter company of CIGNA to the tune of $600,000. What was this penalty for? According to California Insurance Commissioner Steve Poizner, LINA was apparently ignoring certain claims that might have been valid disability claims.

Between January 1, 2005 and December 31, 2007 LINA improperly handled insurance claims. It seems that not only did LINA deny many cases before ever receiving the medical proof those clients were entitled to their insurance payouts but LINA ignored important information that may have reversed the denied claim on a number of accounts.

→ Click here to continue reading CIGNA/LINA Penalized By The California Department Of Insurance

Disability Insurance Policies are complicated legal documents that are unfortunately difficult for most individuals to properly understand. While a disability policy is intended to be drafted so that a claimant will clearly understand all of the terms and conditions, a claimant’s misunderstanding can jeopardize a claimant’s right to disability benefits. A recent disability case reveals the importance of complying with a disability policy’s statute of limitations provisions. A statute of limitations is the period of time in which a lawsuit may be filed. Failure to file a lawsuit within the statue of limitations will result in dismissal of a lawsuit. The steps that must be taken in order to obtain disability benefits are not always contained within the disability policy.

→ Click here to continue reading Claimant’s Statute of Limitation Non-Compliance Allows MetLife’s Denial Of Disability Benefits To Go Unchallenged

Attorneys Dell & Schaefer were retained by a former chiropractor who was receiving long-term disability benefits from one of her two disability policies. Despite one company paying her long-term disability benefits, Lincoln National refused to pay disability benefits, claiming she could perform the substantial and material duties of her occupation as a chiropractor. Following her initial consultation with attorneys, Gregory Dell and Robert Kerr, she retained the firm to pursue the disability benefits owed to her under the Lincoln National policy.

→ Click here to continue reading Lincoln National’s Denial Of Disability Benefits To A Chiropractor Is Reversed Following Appeal Submitted By Attorney’s Dell & Schaefer

Our client, an ophthalmological surgeon, was diagnosed with bi-lateral carpal tunnel syndrome following a traumatic accident. The client attempted to continue working for a few months following her injury in hopes that her hand numbness and pain would stop. While the pain stopped, the lost of sensation in her fingers remained. The client was forced to stop performing all eye surgeries a few months after her injury, but she continued her practice in a non-surgical capacity.

→ Click here to continue reading Attorneys Dell & Schaefer Resolve Lawsuit Against Unum On Behalf Of Ophthalmologist Suffering From Bi-Lateral Carpal Tunnel Syndrome

Our client, a general surgeon for 25 years, was forced to stop performing surgery due to chronic degenerative cervical disc disease. Fortunately, our client had purchased a long-term disability policy from Paul Revere Insurance Company (acquired by Unum), during the early years of his career. The Unum long-term disability policy provides a monthly disability benefit in excess of $12,000 in the event our client is unable to perform the substantial and material duties of his occupation.

→ Click here to continue reading A General Surgeon With Cervical Degenrative Disc Disease Is Approved For Disability Benefits By Unum