Lincoln Financial’s denial of long-term disability benefits is reversed following appeal submitted by attorneys Dell & Schaefer
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 Financial 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 Financial policy.
Our client was unable to continue working as a chiropractor as a result of back pain and arthritis in her shoulders and hands. Before moving to south Florida, she owned a successful practice in Colorado, and treated with a physical medicine and rehabilitation doctor in Denver. Because of her illnesses, she was forced to stop working and sell her practice. She subsequently moved to south Florida in the hope that the milder climate would ease the pain that makes her unable to work.
Despite her treating physician’s clear support of her disability, Lincoln Financial denied our client benefits based on their independent medical exam (IME) and surveillance of her riding a bike. Dell & Schaefer worked with our client and her physicians to develop the medical support necessary to properly document and support her claim. After several months of treatment by the appropriate physicians, Attorney Robert Kerr submitted an appeal to Lincoln Financial outlining the documentation and clear support for our client’s right to long-term benefits. Within a reasonable timeframe of receiving the appeal, Lincoln Financial approved our client’s long-term disability benefits and paid all past due benefits.
Attorneys Dell & Schaefer will continue to handle our client’s claim moving forward to ensure that she continues to receive her long-term disability benefits on a monthly basis.
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.
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I don’t know what to do any more. I am so tired of fighting Lincoln. They have held my benefits for several reasons throughout the years, usually about x2 a year. Once because the benefit specialist went out on maternity leave (3 months). But this last time they were held, no notice, and after they had made a cash offer I refused. They knew I had recently gone through a divorce and now had no supplementary income to fall back on. I have had to move out of my house and rent it for fear of loosing it. I have rented an apartment and am now in jeporady of being homeless. I can’t even comprehend this. I have worked all my life. I have raised 3 children, 2 graduated from college (R.N. & P.T.) this may and one retired from the navy (sharp shooter for navy seals), my mother is retired Lt. Col. from Army. I come from good stock, not a dead beat like I am treated. SSI Admin. classified me permanently disabled. I have a $300,000.00 policy that I paid into for approximately 12-15 years. Yet they hold my benefits. They have ruined my perfect credit that I had maintained up til this last time in August 2011. I’m so sad. Isn’t there something I can do?
Going to bed in tears as usual. This is not how I pictured life for me at this age. And it is so embarrassing. Don’t want to burden my children, I don’t want them to know this is going on.
Linda, you have a lot of options for dealing with Lincoln Financial. If your claim has been denied then you must appeal within the time frame provided in your policy. It is usually 180 days. You also have protection available for the department of insurance in your state and also the department of labor. Contact us and we can discuss your options.
In reading these post – I see nothing said about Social Security benefits. If these people are disabled – aren’t they eligable for SS Disability? And I also thought Long Term Disability was until your 65. How can they just cut it off? How can a company who has received payments from hard working people trying to plan for the unexpected do this to people in the worst times of their lives? I don’t know how they calculated payments but I do think they purposely overpay just to want it back at the most inconvenient time: when a person is diagnosed with a terminal illness. You’re told you can get Social Security Disability, but no one tells you that you have to notify the Insurance Company. They shouldn’t be put in the position of having to repay thousands of dollars back because of a fault of the Insurance Company’s “overpayment” when trying to keep insurance premiums paid, taking care of prescriptions and co-pays, not to mention the regular bills that need to be paid. It’s hard enough on a person to just try to live a life as normal as you can in between chemo treatments, tests, doctor appointments and being in constant pain. And knowing you are slowly dying. I am totally disgusted how the old and the dying are treated.
Idol, the SSDI standard for disability and disability policy standards are often different. A disability insurance company can stop paying benefits at any time. An approval of disability insurance benefits does not mean they will continue until age 65. An approval of social security disability benefits is a factor that a disability insurance company must take into consideration.