ERISA disablity insurance claim: pre-existing condition denial overturned for executive

Our client suffered from Post Traumatic Stress Disorder and applied for long-term disability insurance benefits under the terms of his group disability policy. His insurance carrier denied his claim, asserting that because he took anti-depressant medication and was also diagnosed with a personality disorder within the three months prior to obtaining insurance coverage, his condition was pre-existing.

After researching his psychological documentation, our firm determined that his prior condition, for which the medication was prescribed, was separate and distinguishable for his current disability. Our firm submitted a lengthy appeal, citing applicable case law and providing significant psychological documentation. Based on this, our client’s insurance carrier reversed its denial of benefits. Our client remains on claim today.

Disability Attorneys Dell & Schaefer, established in 1979, have represented thousands of clients with their claims against disability insurance companies. The firm’s disability income division, managed by Gregory Michael Dell, is comprised of eight attorneys who represent claimants nationwide, throughout all stages (i.e. applications, denials, appeals, litigation, & lump-sum policy buyouts) of a claim for individual or group (ERISA) long-term disability benefits. For a free consultation, please call 800-828-7583 or use our contact page.

Similar / Related:

• $1,200,000 mental / nervous condition settlement for a practicing attorney
• The Standard Insurance Company’s denial of disability benefits is reversed on appeal
• Unum Provident pays advertising executive total disability benefits

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