Our client was a successful, experienced financial advisor who operated her own practice. In December of 2008, while stopped at a red light, her car was hit from behind by a cement mixer. As a result of the accident she sustained multiple herniated disks in her neck, and pain that radiated into her shoulders and down her arms. Despite her efforts to continue working following the auto accident, she was unable to do so. No longer able to advise her clients as to important financial decisions affecting their futures, she was left with little choice but to apply for long term disability benefits under her individual disability policy purchased from Unum. In April of 2009 she contacted Dell and Schaefer to assist with her application for long-term disability benefits. Despite our client contacting us in April of 2009 and her continued attempts to work, we were able to prove that her date of disability should be the same as the date of her accident.

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Our client, a pharmaceutical sales representative, was recently denied benefits by her carrier, Cigna, despite clear medical documentation of several severe medical problems that prevent her from performing the duties of her occupation.

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Our client, a financial advisor, was first diagnosed with fascioscapulohumeral muscular dystrophy (FSHD) in 2002. FSHD is a neuromuscular disease which causes progressive skeletal muscle loss and weakness, defects in the biochemical, physical and structural components of muscle and the death of muscle cells and tissue. FSHD is a severely disabling condition and is the second most prevalent muscular dystrophy affecting adults. Despite our client’s diagnose he continued work with his illness for several years. Beginning in 2003 and 2004, our client began experiencing noticeable symptoms of aches, pains, difficulty speaking, discomfort and limitations in doing some normal everyday tasks and activities. Over the past two years our client’s symptoms rapidly increased and intensified, to the point it was becoming impossible to perform his occupation as a financial advisor.

Our client contacted Attorneys Dell & Schaefer to assist with the filing of application for long-term disability benefits with Mass Mutual and other long-term disability insurance companies. Attorneys Gregory Dell and Cesar Gavidia worked with our client to gather all of his medical records, financial and occupational information. Our client’s disability policy stated that he would be eligible for long-term disability benefits if he was unable to perform the duties of his occupation. Attorneys Dell & Schaefer submitted our client’s application with extensive addendums attached and the claim for long-term disability benefits was approved within 45 days. As long as our client remains eligible for long-term disability benefits, he will receive approximately $12,000 a month until her turns age 65. Disability Attorneys Dell & Schaefer continue to assist our client with the monthly maintenance of his claim with MassMutual.

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, a general dentist, purchased a long-term disability policy from Berkshire Life Insurance Company of America. The policy defined “disability” as the inability to perform the substantial and material duties of his regular occupation. Our client maintained a solo dental practice since 1995. After several years of practice, Dr. Q began experiencing back pain which made it difficult for him to bend over patients for long periods of time and perform most of his dental procedures. The pain continued to worsen as time went on. Dr. Q’s treating neurologist diagnosed Dr. Q with lumbar degenerative disk disease and associated radiculopathy. Eventually, the pain forced Dr. Q to put his practice up for sale and discontinue the practice of dentistry.

Knowing that the application process for long-term disability benefits could be complicated, Dr. Q contacted Dell and Schaefer to assist him in submitting his claim for long-term disability benefits. Attorneys Gregory Dell and Cesar Gavidia gathered all of the medical, financial, and occupational information necessary to submit Dr. Q’s claim for long-term disability benefits. Berkshire delayed payment of Dr. Q’s disability claim as Dr. Q. had began working in a new occupation as a dental professor. After field interviews with Berkshire and our client, Attorneys Dell & Schaefer were able to prove that the material duties necessary to be a professor are not similar to the material duties required to work as a solo general dentist. Once Berkshire accepted that Dr. Q could no longer practice dentistry on patients, they agreed to pay long-term disability to our clients. Berkshire agreed to pay benefits just prior to Attorneys Dell & Schaefer filing a lawsuit for their failure to pay. Disability Attorneys Dell & Schaefer continue to maintain Dr. Q’s long-term disability claim with Berkshire on a monthly basis.

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 was diagnosed with renal cell carcinoma of his left kidney in June of 2007. Under the provisions of his catastrophic illness policy, he was paid the lump sum benefit of $50,000 under the policy shortly thereafter. The terms of his policy stated that if he received no treatment for this cancer for at least a year, he could receive additional lump sum benefits if he developed another critical illness, such as a different type of cancer, a heart attack, or a stroke.

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Our client, a trial attorney representing parents and children in dependency, delinquency, and guardianship cases contacted Attorneys Dell & Schaefer to see if she would be eligible for long-term disability benefits under her individual disability income and business overhead expense policies purchased from Unum. Upon consultation with attorney Robert Kerr, the client retained the law firm of Attorneys Dell & Schaefer to assist with the filing of her application for disability benefits under both types of policies based on paresthesias in her hands and feet. Additionally, her diabetic neuropathy was causing increased difficulty with walking, numbness and tingling in her feet and hands, and intense pain when sitting, standing, and walking.

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During the week of July 13, 2009, Attorney Gregory Dell spent several days in Portland, Oregon deposing multiple employees of The Standard Disability Insurance Company. Prior to taking the depositions, The Standard refused to make their employees available for deposition and instructed their attorney to file a motion preventing Attorney Gregory Dell from taking the depositions. The court received multiple motions and entered an opinion stating that our client has the right to take the depositions and The Standard must produce their witnesses. The Standard’s motion for attorney fees against our client was denied. It is obvious that the Standard did not want their claims handling practices exposed through deposition testimony.

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Since late 2004, our client, Sumiko Besser has been battling Prudential Insurance Company in an effort to secure her long-term disability benefits. Prudential currently owes her in excess of $900,000 in unpaid long-term disability benefits. Our client became disabled on May 10, 2004, as a result of chronic neck pain caused by multi-level degenerative disk disease. Attorneys Dell & Schaefer submitted two administrative appeals to Prudential and in early 2008 filed a lawsuit in United States District Court of Hawaii. On May 19, 2009, Attorneys Gregory Dell and Leonard Feuer presented our client’s case at trial and on July 14, 2009 the Federal Judge issued a 20 page opinion reversing Prudential’s denial of benefits. Motions are currently pending for calculations of past due disability benefits, interest, and attorney fees. A copy of the court’s opinion is available upon request.

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Our client, a dentist working in the capacity of a director of clinical technology for a well known company, began experiencing problems with his balance in March of 2009. In his role as director of clinical technology he was required to give lengthy presentations and speaking engagements, as well as be on the cutting edge in dental procedures. His initial balance problem quickly progressed leading to the cancelation of scheduled presentations, and our client seeing his doctors for testing. Test results indicated that he had a life-threatening brain tumor. Within a month and a half of first being seeing for the brain tumor he was undergoing brain surgery to remove the cancerous mass. The surgery was successful in removing the majority of the tumor, but resulted in loss of hearing in his left ear, cognitive dysfunction, and the exacerbation of a cervical neck condition brought on by years of dentistry. In the aftermath of the surgery his balance and equilibrium problems worsened, he began to experience severe headaches when working at the computer, and the surgery exacerbated his cervical neck condition. Hopes of returning to work after a short rest period from the surgery quickly vanished and he contacted Dell and Schaefer to assist in the filing of his disability claims.

Attorneys Gregory Dell and Stephen Jessup gathered all of the medical, financial and occupational information necessary to submit our client’s claim for disability benefits. Attorneys Dell & Jessup obtained supporting documentation from our client’s treating physicians and assisted our client with his application for disability benefits. Our client was further advised of the importance to have his doctors continue to document his restrictions and limitations. Within a week of filing for benefits, our client was approved for disability benefits. Disability Attorneys Dell & Schaefer continue to handle our client’s disability claim on a monthly basis.

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, a chiropractor, was involved in motor vehicle accidents in 2005 and 2007, which resulted in him suffering from lumbar radiculopathy and cervical discogenic disease. As a solo practitioner and business owner he attempted to continue to work through the pain by working in a reduced fashion. He modified the techniques he employed for certain chiropractic procedures, and had to eliminate others all together. By the middle of 2008 the worsening pain became such that he realized he would no longer be able to work as a chiropractor. By the end of 2008 he closed his chiropractic office and filed for long term disability benefits under his AXA Equitable Policy.

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