• Alex Palamara Wins Long Term Disability ERISA Appeal Against Mutual of Omaha

After an appeal, a former Director of Information Security, gets disability benefits approved for mental health disorder. The fight for long term disability benefits for client’s physical limitations continues

After a very long fight, a former employee of the National Student Clearinghouse is now on claim after an administrative appeal filed by Dell & Schaefer. Prior to filing for disability, our client was a Director of Information Security responsible for security strategy, security programs oversight, and security development for an online national student degree and enrollment verification database. However, a myriad of health issues required seeing more than nine specialists in three different states. Among other issues, our client suffered from Chronic Obstructive Pulmonary Disease (COPD), Emphysema, Cervical And Lumbar Spinal Stenosis, Multilevel Cervical Degenerative Disc Disease, Lumbar Degenerative Disc Disease, Thoracic Degenerative Disc Disease, Multiple Herniated Discs, Diplopia, Obstructive Sleep Apnea Syndrome, Cervical Radiculopathy, Cervical Spondylolysis, Cervicalgia, Chronic Bilateral Low Back Pain, Chronic Pain Syndrome, Memory Deficit, Lumbar Radiculopathy, Arthritis, Fibromyalgia, Autoimmune Disease, Osteoarthrosis, Extreme Fatigue, Dizziness, and Somatic Symptom Disorder.

Despite suffering from these numerous medical conditions, our client was denied all short term and long term disability benefits from his insurer, Mutual of Omaha. In its various denial letters, Mutual of Omaha found he was capable of performing the material duties of his regular occupation. Discouraged by Mutual of Omaha’s decision to deny his claims and uncertain about his future with no income and an inability to work, our client made the right decision to find assistance with his claim by contacting Attorney Alexander Palamara of the Dell & Schaefer law firm.

Appeal by Attorney Palamara

After reviewing the denial letter by Mutual of Omaha and speaking with the former Director of Information Security, it was clear to Attorney Palamara that Mutual of Omaha’s denial was improper and his client was unquestionably unable to work due to serious and debilitating conditions. The claim file from Mutual of Omaha was ordered along with our clients past and current medical records to develop a full understanding of his illness, claim, policy, and Mutual of Omaha’s handling of his claim. After compiling and reviewing all the necessary information, it was clearer than ever that benefits had to be approved.

A detailed review of the claim file revealed Mutual of Omaha denied benefits claiming our client could perform the material duties of his regular occupation even though Mutual of Omaha never even bothered to obtain a job description from our client’s employer. Additionally, Mutual of Omaha was only in possession of a handful of medical records despite our client having provided them with a list of 19 doctors he had treated with.

An appeal was drafted and timely filed. The appeal contained over 1700 pages of medical records that had never been reviewed by Mutual of Omaha. It focused on the objective medical evidence in support of his claim which demonstrated significant physical and mental impairments and highlighted the opinion of our client’s primary treating physician, who indicated our client was unable to perform any type of work on a full time basis. The appeal also highlighted the failure of Mutual of Omaha to perform a full and fair review of the claim and criticized Mutual of Omaha’s reliance on an improper definition of disability used to deny the claim.

Partial Claim Approval

As a result of the appeal, Mutual of Omaha overturned its denial. However, Mutual of Omaha concluded our client was disabled only due to Somatic Symptom Disorder, and only agreed to pay benefits for 24 months due to the Mental Health limitation in the policy. Somatic Symptom Disorder is a mental health disorder wherein a person has significant focus and anxiety about physical symptoms such as pain and weakness. While the approval is a victory and our client will receive benefits for at least 24 months, it is not enough as our client suffers from multiple physical chronic and debilitating conditions which are supported by objective medical evidence. Therefore, the fight will continue. We will use the remaining months of the Mental Health limitation to prove to Mutual of Omaha that our client is physically disabled and eligible for benefits until retirement age.

Since filing our client’s appeal and getting him approved, we have continued to supply Mutual of Omaha with updated medical evidence and letters of support regarding our client’s physical conditions. We will continue to fight on behalf of our client to ensure benefits are paid through age 65 or until our client is able to return to work.

If you have had a similar situation and Mutual of Omaha (or any disability insurance company) has denied your claim, please do not hesitate to contact Attorney Alexander Palamara at Dell & Schaefer for a free consultation.

Questions About Hiring Us

Do you help Mutual Of Omaha claimants nationwide?

We represent Mutual Of Omaha 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 Mutual Of Omaha disability insurance policy?

Our disability insurance lawyers help policy holders seeking short or long term disability insurance benefits from Mutual Of Omaha. 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 Mutual Of Omaha.

How do you help Mutual Of Omaha claimants?

Our lawyers help individuals that have either purchased a Mutual Of Omaha 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 Mutual Of Omaha:

  • 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   *****

Michael P. (Michigan)

I had a very good experience. Rachel and Danielle were incredibly professional. They gave me a clear understanding of the process and timelines. I feel they are there fighting for me everyday. The process overall was very simple and enabled me to focus on my illness.

***** 5 stars based on 202 reviews

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