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

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.

→ Click here to continue reading A Financial Advisor Diagnosed With Multiple Cervical Herniations Is Approved For Long-Term Disability Benefits By Unum

 

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.

→ Click here to continue reading Attorneys Dell & Schaefer Files Lawsuit Against Cigna In Hawaii On Behalf Of Pharmaceutical Sales Representative

 

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.