67 Year Old Circuits Designer Reaches Settlement With Prudential After Filing Suit to Recover LTD Benefits Under ERISA LTD Insurance Plan

At age 67 Mr. H continued to maintain the desire to work in his occupation as a circuits designer for wireless telecommunication giant, Qualcomm. Unfortunately, his career was cut short after suffering a bad fall resulting in a broken rib severely puncturing his lung. Due to complications, Mr. H was placed in a medically induced coma for 34 days. Making matters worse, while in the coma Mr. H contracted viral pneumonia. After waking from the coma Mr. H found he was forgetting things easily and often; he was losing his train of thought and having trouble navigating familiar environments. He also began experiencing symptoms of depression and anxiety. Mr. H was obviously suffering symptoms of cognitive decline and impairment and his doctors were unsure whether he suffered a traumatic brain injury in his fall, was suffering residual complications from his coma or whether he was experiencing dementia.

While in his coma, Mr. H’s employer assisted with filing his short-term disability claim. Mr. H’s short-term disability claim, which was self-funded by Qualcomm, was promptly approved and paid for the full 26 week period. Unfortunately, following the 26 week short-term disability period, Mr. H’s symptoms continued and worsened. As a result, he was forced to file a claim for long-term disability under Qualcomm’s long-term disability plan, which was administered and funded by The Prudential Insurance Company of America (“Prudential”).

After submitting his claim, Prudential approved benefits for 2 months and then terminated Mr. H’s claim stating that he could return to his regular occupation. To support its termination of benefits, Prudential surprisingly claimed that the medical data did not document that Mr. H had sustained a serious fall that resulted in a prolonged hospitalization and residual side effects. This was particularly shocking since Prudential was aware that Mr. H had been placed in a medically induced coma for 34 days and had suffered several serious health complications as a result.

After receiving his letter from Prudential terminating his claim, Mr. H contacted Dell & Schaefer and retained Attorney Cesar Gavidia to represent him with his appeal of benefits. Mr. H’s appeal, which included a neuropsychological examination report by a well-respected and credible neuropsychologist and verified the extent of Mr. H’s cognitive problems, was submitted to Prudential within the 180 day window prescribed by the Employee Retirement Income Security Act (“ERISA”). Shockingly, despite the overwhelming medical support and the compelling proof of cognitive deficits described in the neuropsychological report, Prudential upheld its decision to terminate the claim.

Mr. H, through Attorney Gavidia, filed suit in federal court alleging that Prudential violated ERISA by failing to pay his claim for long-term disability benefits. Mr. H sought not only recovery of all of his unpaid long-term disability benefits, but also attorney fees and costs under ERISA. Soon after suit was filed Mr. H and Prudential engaged in settlement negotiations. Eventually, the parties reached a mutual compromise where Prudential agreed to settle Mr. H’s claim for an undisclosed lump sum and Mr. H agreed to dismiss his lawsuit against Prudential.

Questions About Hiring Us

Do you help Prudential claimants nationwide?

We represent Prudential clients nationwide and we encourage you to contact us for a FREE immediate phone consultation with one of our experienced disability insurance attorneys.

Can you help with a Prudential disability insurance policy?

Our disability insurance lawyers help policy holders seeking short or long term disability insurance benefits from Prudential. We have helped thousands of disability insurance claimants nationwide with monthly disability benefits. With more than 40 years of disability insurance experience we have helped individuals in almost every occupation and we are familiar with the disability income policies offered by Prudential.

How do you help Prudential claimants?

Our lawyers help individuals that have either purchased a Prudential long term disability insurance policy from an insurance company or obtained short or long term disability insurance coverage as a benefit from their employer.

Our experienced lawyers can assist with Prudential:

  • ERISA and Non-ERISA Appeals of Disability Benefit Denials
  • ERISA and Non-ERISA Disability Benefit Lawsuits
  • Applying For Short or Long Term Disability Benefits
  • Daily Handling & Management of Your Disability Claim
  • Disability Insurance Lump-Sum Buyout or Settlement Negotiations

Do you work in my state?

Yes. We are a national disability insurance law firm that is available to represent you regardless of where you live in the United States. We have partner lawyers in every state and we have filed lawsuits in most federal courts nationwide. Our disability lawyers represent disability claimants at all stages of a claim for disability insurance benefits. There is nothing that our lawyers have not seen in the disability insurance world.

What are your fees?

Since we represent disability insurance claimants at different stages of a disability insurance claim we offer a variety of different fee options. We understand that claimants living on disability insurance benefits have a limited source of income; therefore we always try to work with the claimant to make our attorney fees as affordable as possible.

The three available fee options are a contingency fee agreement (no attorney fee or cost unless we make a recovery), hourly fee or fixed flat rate.

In every case we provide each client with a written fee agreement detailing the terms and conditions. We always offer a free initial phone consultation and we appreciate the opportunity to work with you in obtaining payment of your disability insurance benefits.

Do I have to come to your office to work with your law firm?

No. For purposes of efficiency and to reduce expenses for our clients we have found that 99% of our clients prefer to communicate via telephone, e-mail, fax, GoToMeeting.com sessions, or Skype. If you prefer an initial in-person meeting please let us know. A disability company will never require you to come to their office and similarly we are set up so that we handle your entire claim without the need for you to come to our office.

How can I contact you?

When you call us during normal business hours you will immediately speak with a disability attorney. We can be reached at 800-682-8331 or by email. Lawyer and staff must return all client calls same day. Client emails are usually replied to within the same business day and seem to be the preferred and most efficient method of communication for most clients.

Dell & Schaefer Client Reviews   *****

Walt M.

Professional, Courteous and Prompt.

***** 5 stars based on 202 reviews

Speak With An Attorney Now

Request a free legal consultation: Call 800-682-8331 or Email Us