$79,000 in long term disability insurance benefits is recovered for disabled teacher

For over 40 years, Mrs. K had been employed as a middle school guidance counselor and teacher. In order to protect her income in the event of a disability, Mrs. K enrolled in her school board’s long-term disability plan and even purchased additional options to increase her monthly benefits.

In 2007, Mrs. K became disabled under the terms of the school board’s long-term disability plan due to what was originally thought to be a stroke. Later, it was confirmed that she in fact had contracted viral meningitis. She was also having significant restrictions resulting from cervical neck pain, dizziness and headaches resulting from a cystic mass in her neck, as well as, chronic spondylosis; fibromyalgia; rheumatoid arthritis; osteoarthritis; and chronic low back pain. Shortly after Mrs. K submitted her claim to the long term disability insurance carrier, Mrs. K’s claim was approved.

Following the approval of her claim, Mrs. K diligently continued to provide the disability insurance carrier with proof of loss and medical documentation supporting that she was not capable of working as a middle school guidance counselor. Notwithstanding, approximately 6 months after her claim for disability benefits was approved, the disability insurance carrier terminated Mrs. K’s disability benefits. In arriving at its decision to terminate benefits, Mrs. K’s disability insurance carrier failed to consult any of Mrs. K’s treating physicians or send her to any type physical examination. Instead the disability carrier advised her that based upon their review of her medical records she appeared to have the physical capacity to perform her job.

Following her denial of benefits, Mrs. K immediately spoke with a family friend who was an attorney. Through her family friend, Mrs. K appealed the disability insurance carrier’s denial of disability benefits. After receiving notice that she was appealing the disability insurance carrier retained three purportedly independent doctors to conduct a paper review of Mrs. K’s file. Again, without conducting any physical examination of Mrs. K and only reviewing her medical records, the three physicians retained by the disability insurance carrier, found that Mrs. K did not have any functional impairments. Based on the findings of these hired doctors, the disability insurance carrier upheld its previous denial of disability benefits.

On the advice of her family friend, Mrs. K retained disability insurance Attorneys Dell & Schaefer to represent her. Mrs. K’s litigation team of Cesar Gavidia, Gregory Denes and Gregory Dell promptly filed suit for breach of contract against the disability insurance company in state court. Two months prior to trial, the lawsuit was resolved when the disability carrier offered to pay our client every dollar she was entitled to receive. Due to the terms of a confidentiality agreement, the name of the insurance company must remain confidential.

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FAQ

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.

Reviews   *****

Kevin S., MD

Dell & Schaefer has been a huge asset to have on my side! They have been extremely professional, knowledgeable and helpful. I certainly would not want to navigate the disability claim process without them working on my behalf. They lifted a huge load off of my shoulders while I was going through a very stressful and critical period, and worked hard to ensure that my rights under the disability policy were protected. They worked diligently to protect my interests, something the disability carriers will not do!

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