Our Lawyers Get Your Long-Term Disability Benefits Paid
98% percent of our clients collect disability benefits. We have helped thousands of disability insurance claimants throughout the USA to collect hundreds of millions of dollars of disability insurance benefits. Thank you for considering our law firm to help you.
You can greatly increase your chances of long term disability insurance benefit approval by learning all about the claim handling tactics of your disability insurance company.
Discover How Your Disabling Condition Should be Presented to Your Disability Company
Disability insurance companies always argue that Diagnosis does not equal disability. Proving that your medical condition is disabling is the most challenging aspect of any long term disability insurance claim.
Explore How Disability Companies Evaluate Your Occupation
Disability insurance companies are notorious for minimizing your occupational duties. This technique is used as a tool to prove that you can perform duties which differ from the job you actually performed while working.
Knowledge is Power. We Want You To Know Everything About Disability Insurance Claims.
We hope you enjoy these great resources and we invite you to ask our lawyers any questions or leave a review about your experience with your disability insurance company.
Established in 1979, we are a nationwide law firm that helps individuals collect disability insurance benefits. Through our experience of helping thousands of claimants throughout the USA to collect over $500 million in disability benefits, we know exactly what it takes to get your benefits paid. We welcome you to contact us for a free phone consultation with one of our lawyers.
Airline Pilots Disability Benefit Claim Tips to Avoid Denial
Airline pilots are in a unique position when it comes to long-term disability claims. Because of their very specific line of work, airline pilots may sometimes face additional challenges when trying to get claims approved, and in this video disability insurance attorneys Rachel Alters and Gregory Dell share some tips and advice on how to best handle your long term disability claim to get approved.
Our disability insurance lawyers have handled hundreds of claims for pilots, and we’ll discuss some of the potential pitfalls and things to keep in mind when seeking disability as a pilot. We encourage you to contact us for an immediate free phone consultation to discuss your disability benefit claim.
What Is the Definition of Disability for Most of the Insurance Policies That Are Sold to Pilots?
The definition of disability varies in every disability policy, yet in most of the policies you must prove whether you can perform the substantial material duties of your occupation. If you have a group/employer provided policy, your definition of disability may be how your occupation is defined in the national economy. And if it’s a private policy, it’s going to be your own-occupation as defined by how you actually did your job prior to disability.
Usually with pilots, most disability policies define it as unable to perform substantial material duties of your occupation. However, it may not be the same definition for the duration of the policy. Some policies only have the “own occupation” definition of disability for 24 months, then it switches to “any gainful occupation” for which you have experience, education, and training.
Often, you see a lot of claim denials at the change of definition from own to any occupation. This is because, in the eyes of the insurance company, they assume that since pilots are highly educated, they can do some other type of work based on their previous training and education.
What is an Objective Proof of Evidence Standard in a Disability Policy?
If you are an airline pilot, often, a lot of insurance policies have what’s called an objective proof of evidence standard.
If they have that standard, it means they require proof of what is the cause of your disability. For example, if you have a back issue – perhaps a herniated disk – and you cannot sit for long periods of time and therefore, unable to fly, because flying requires sitting for extended periods of time, you may need to provide evidence such as an MRI or a CT scan that shows you have a herniated disk, or a bulging disk, or whatever it is that is impairing your ability to work.
In addition, it means that your doctor needs to be documenting everything and putting objective proof into their records. The pilot’s subjective complaints of pain are not enough; there has to be proof in the medical records, including testing like MRIs and CT, as well as the doctor’s notes and more proof of the actual disability. It’s extremely difficult to get approved if you do not have a well and clearly documented medical history.
Another thing that is unique to pilots is the FAA medical clearance. If the FAA-authorized doctor does not clear you, usually, that’s going to be very strong evidence that you’re not able to fly. However, sometimes, a pilot may pass the FAA physicals, but they feel they are not able to fly and their own doctors recommend that they don’t fly. In a case like this, the claimant needs to work with the doctors and get them to put the reasons why they believe that the pilot is unable to fly into writing.
Obviously, if the pilot is a danger to the passengers and if he or she is not able to be 100% while up in the air, it’s a very precarious situation. You don’t want a pilot who is on pain medicine and who is potentially not lucid from the meds that they’re taking. Equally, if the pilot is not taking pain medicine and is in severe pain, they may not be able to focus clearly, especially when there is a complication in the air that could be a life and death situation.
This is why it’s essential to work with physicians and potentially get more testing, get some sort of an independent medical evaluation or, alternatively, an expert who will confirm that the pilot cannot do certain things or cannot sit for extended periods of time and who will recommend that even if the pilot has passed the FAA, it’s their medical opinion that the pilot is not capable of handling the material duties of their job.
What If You Continue to Fly With a Chronic Condition, Then File for Disability?
A lot of pilots who file claims have chronic medical conditions such as chronic back or neck pain, chronic fatigue, or shoulder pain, or there is a variety of orthopedic conditions or autoimmune disorders that may have been bothering them. However, often, they continue to fly with these conditions without any reduction in their flight schedule. Because of this, the disability carrier may think: if this pilot has been unwell for a year but did not cut back on their schedule at all, how come they are now unable to continue to work?
Unfortunately, your perseverance and determination to try and work as hard as you can through the pain often will hurt you with the insurance carriers. Because when they see that you have been working despite your condition, they say, well, this person has been capable of flying for the last year and he or she hasn’t cut their hours down, so what’s changed? The condition seems to be the same as it was about a year ago, so why are they filing for disability now?
Often, what changes is that the person can no longer handle the pain – their pain threshold is decreasing. They have been pushing themselves so much, and at this point, they can’t do it anymore.
If that is your case, see if you can decrease your hours and discuss with your physician to document the flight hours that they recommend you should be flying. In most cases it is either all or none for pilots. Make sure that the doctor is saying that the condition has progressed and the pain has gotten worse, because if you are unable to show those things, it is easy for the insurance carrier to deny.
However, as a pilot, you typically do not have the luxury to simply cut back on the hours. Pilots usually do an overnight of one or two nights when they go, and they can’t just say, “I’m going to work two or three hours a day and then I’d like to go home“. This is a very difficult proposition if the doctor recommends you to cut back your hours, but you can’t really cut back on a shift. Also pilots are don’t have fixed flight schedules and often don’t know when or if they will be called to fly.
Perhaps you could fly once a week instead of two or three times a week and see how you do on one shift. Usually, however, pilots are required to be in the cockpit for eight hours a day as well as traveling and carrying their bags back and forth to the hotel and in and out of the airplane. Because of this, a cutback of one day a week (which their airline may not even accommodate) usually doesn’t help a pilot in their specific situation.
Another struggle for many pilots is that the retirement programs and the pensions deal with years of service; the longer you’re there, the greater your pension is going to be, so a lot of pilots try to hang on, because the more years they go, the greater they’re going to get in their pension.
If You Can’t Fly, Can You Do Other Types of Work and Keep the Disability Benefits?
Often, if someone has a true own-occupation definition of disability and they can’t fly planes anymore, a good solution is exploring the option to engage in any other type of work.
If the insurance policy does have a true own-occupation definition of disability, then it translates to whether you can do the material substantial duties of your own-occupation. If you could do other things, like becoming an instructor or teach or do other things that do not involve actual flying, there are many policies that will pay you for that disability while you’re working. So that is definitely an option, but it depends on the policy, of course. The issue at that point is going to be whether or not you’re going to get a set-off for the additional income that you’re going to earn.
The biggest struggle is going to come if you have a change of definition from your own occupation to any gainful occupation after 24 months of receiving disability benefits. After those initial 24 months of payments it is a very common point to see disability benefits denied.
To get more helpful tips and advice and stay informed, we suggest you take a look at our website and look up your disability insurance company specifically. You’ll learn a lot of information there: we have lots of videos, articles, and helpful advice about your disability company and how they handle your particular claim at all different stages.
You can always call Rachel or contact any of our disability lawyers nationwide for a free initial phone consultation. Thank you for considering our law firm!
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Reviewed by M.T. on February 15th 2024 Verified Policyholder | May 2023 date of disability
I have been appealing a claim for LTD for 8 months! New York Life keeps claiming they will not approve claim for pre existing conditions but my illness is not preexisting ... read more >
Reviewed by Tanya on February 12th 2024 Verified Policyholder | August 2021 date of disability
I had my disability cut off the day I was scheduled to find out whether I should have surgery. The claims examiner was aware that I had an appointment on that date and sai... read more >
I am sorry to hear about your experience. It’s crazy that Reliance Standard would deny your disability benefits when you are suffering so badly that you need surgery.... read more >
Reviewed by Becky H. THOMAS on February 12th 2024 Verified Policyholder | February 2024 date of disability
Dislike how they are constantly interrupting the lives of their disabled EE's whom are entitled to benefit which they paid into out of there pay check every pay period onl... read more >
Reviewed by Anna on December 19th 2023 Verified Policyholder | November 2023 date of disability
I used my short term disability insurance for maternity leave and started the process beforehand knowing when I would be out (scheduled induction.) It took a little over a... read more >
Reviewed by Misseekayy on December 19th 2023 Verified Policyholder | May 2023 date of disability
Sunlife uses unscrupulous tactics in order to prevent payment of claims. They wait until it is close to the 30 day mark and then they ask for another form of information o... read more >
Reviewed by Dorothy on November 30th 2023 Verified Policyholder | November 2023 date of disability
I was injured at work. I did house keeping in a hospital. I tore just about everything imaginable in my knee. I was let go from my job, because I was no longer able to do ... read more >
Reviewed by Joshua on November 23rd 2023 Verified Policyholder | May 2023 date of disability
I read other situations and it’s all very similar to my case. I have received STD from May 2023 and when my FMLA run out LF would not respond or answer my calls. My last... read more >
At Dell & Schaefer we’ve handled hundreds of long term disability insurance claims against Reliance Standard, and have learned a few thi... Read More >
Our client, a former elementary school teacher suffering from Multiple Sclerosis, contacted our office after New York Life terminated her clai... Read More >
Our client came to us after he was denied continued Long Term Disability (LTD) benefits by The Lincoln National Life Insurance Company. Previ... Read More >
In the recent case of Ferrin v. Aetna Life Ins. Co. a federal judge from the Northern District of Illinois determined that Aetna improperly te... Read More >
In ERISA cases filed in a district court asking for judicial review of a plan administrator's denial of benefits, the court is generally limit... Read More >
Companion Life tried to play games and deny long term disability benefits, but thankfully a New Mexico Federal Judge made them pay disability ... Read More >
I have been working with Dell Disability Lawyers for the past 5 years concerning my disability as it pertained to my employer. I have been more than pleased with them the entire time. They have always kept me informed of any paperwork needing completed or any changes coming ahead. Nothing has been a surprise. I would recommend them to you to help with your disability case if you’re trying to dip into the policy you’ve been paying for.
Michael M.
I am a physician who has been disabled for over 10 years. During this time I have been represented by Cesar Gavidia and his assistant Danielle Lauria. Their representation on my behalf has allowed me to concentrate on dealing with my disability/disease process and all associated complications and not having to deal with all the things that are necessary in a disability claim. Based on my personal experience from many years of practicing medicine I would consider their work product, insight and effort in the disability claim procedures to be superior. I would recommnend them, which I have done, with my highest level of confidence. In short, you well served with this practice.
I had to retire from my career due to a bad back that restricted me from performing my duties. I had LTD insurance and after a few years of receiving monthly benefits from this insurance company, they notified me that my benefits were terminated stating that I don’t qualify due to my duties not fitting into some “national job description” and a nurse had deemed me eligible to go back to work. Its a crushing feeling to have this told to you over the phone with hardly any information given. Luckily, I came across Dell Disability Lawyers and spoke with Attorney Palamara who calmed me down and stated they would take my case. Within a couple of months my benefits were restored, and I had piece of mind. I cannot thank Attorney Palamara and the staff enough at Dell Disability for their professionalism, no nonsense approach, personal and timely communication and quick ability to litigate my case.
I wanted to thank Mr. Symonds and his legal assistant Sonia for their professionalism, guidance and dedication towards my LTD claim. Going through the denial process on my own was going to get me sicker and knew it was time for help right away. I reached out to Dell Disability Lawyers for assistance and not too long after my call, I was connected with Sonia – Soon after that, I was talking about my case with Mr. Symonds. After a long and tedious process with the LTD insurer, we won the case. The wait can absolutely be lengthy, but in the end, it was all very much worth the fight. Thank you both so much for all that you have done for me! I also want to thank those who assisted in keeping me updated, as needed. Highly recommended for anyone who is going through the brutal process of an LTD denial.
I would like to thank Dell Disability Lawyers for taking care of my case and help me get the insurance coverage that I was rightfully in need of. Specially, I would like to thank Lawyer Alexander Palamara and RIGHT-HAND legal assistant, Sonia Nogueira, who made this process less stressful. They answered all my questions and kept me informed every step of the way.
Don’t get me wrong. They never promised or told me that I was going to win my case, as no one can guarantee that for you. What they did do, was letting me know that they were working hard for me and to keep positive. Something that I recommend everyone to do is to subscribe to their YouTube channel. That will give you an idea on how they operate and why they (for most of their cases) win their cases.
Since I was awarded disability, I am still having surgeries and thanks to Dell Lawyers, I’ve been able to cover all those expenses.
I’m so very Grateful and Thankful for the team at Dell. They worked tirelessly to get the best outcome for me. I’m so glad that I found them!!
Carole S.
Exceptional efficient and professional service from Jay Symonds and Sonia Nogueira. They were both so helpful and knowledgeable and navigated me through a very stressful and difficult situation with New York Life.
Awesome team. Jay and his team, Sonia and Francesca, truly care. This team is very Professional and quick to respond. Jay always provided answers in detail to my questions. I strongly recommend Jay Symonds.
Can’t say enough about the wonderful experience we had working with Alex Palamara and Danielle Lauria! We would not have achieved the results we did without their help. They were amazing to work with, professional, courteous and guided us through the entire process. Don’t know what we would have done without them! We highly recommend Alex, Danielle and the entire firm. They are amazing!
Our goal is to get your application for disability income benefits approved. Applying for disability benefits can be a difficult process and the information you provide is critical. Most disability insurance companies look at your application in hopes of finding a reason to deny your claim. Your disability company will ask you to complete numerous forms, interview you, request lots of information, speak with your doctors and possibly request to have you examined by their "hired gun" doctor.
Through our experience of having helped thousands of disability insurance claimants, our lawyers will guide you through the entire application process and give you the best chance to get your disability claim approved the first time.
If your disability insurance benefits have been wrongfully denied, then our lawyers know exactly what it takes to get your disability claim approved. You only get once chance to submit an Appeal, therefore every piece of evidence that will support your disability claim must be included. The goal is to win your disability benefits at the Appeal level, but while preparing your Appeal you must consider how a federal judge will review your disability claim if your benefit denial is upheld.
Preparing a strong disability appeal package is an art that requires you to understand how the courts interpret your disability policy language, ERISA regulations / laws, and how to strategically present evidence in support of your definition of "disability". We encourage you to contact any of our lawyers for a free immediate review of your disability denial.
98% of the disability insurance lawsuits filed by our law firm have resulted in either the payment of benefits or a lump-sum settlement agreement. Our disability lawyers have filed ERISA governed and private policy long term disability insurance lawsuits against every major disability insurance company in state and federal courts nationwide and we love fighting for the "little guy" against the multi-billion dollar insurance company giants.
We have recovered hundreds of millions of dollars for our clients and we would like the opportunity to provide you with a free review of your disability benefit denial. There are many complex factors in a disability benefit lawsuit and the legal battle to win long term disability benefits can be fierce.
Approval of long-term disability is a continuous process as every disability insurance company will evaluate your eligibility for benefits on a monthly basis. You can never let your guard down and assume that your disability company will continue to pay your benefits for as long as you think you need them.
Our law firm offers a reasonable flat fee monthly claim handling service in which we handle every aspect of your long-term disability claim and do whatever it takes to make sure you are paid every month.
Let's discuss if a lump-sum settlement or buyout of your disability insurance claim is both available and makes financial sense for you. Our lawyers have negotiated more than five-hundred million dollars in disability insurance buyouts and we know how to get you a maximum settlement. A disability insurance company is not required to offer a buyout and not every disability company offers them.
We are disability insurance lawyers that know how to get your short or long term disability benefits paid. As a nationwide law firm we have helped thousands of disability insurance claimants throughout the United States to collect hundreds of millions of dollars of disability insurance benefits from every major disability insurance company.
In more than 98% of our cases, our lawyers have been able to either get our clients paid monthly disability benefits or obtain a one-time lump-sum settlement. Our lawyers have seen it all when it comes to disability insurance claims and we know exactly what it takes for your disability claim to be approved.
We welcome you to contact any of our attorneys for a free immediate review of your disability claim. We also invite you to visit and subscribe to our YouTube channel where we have more than 700 videos and regularly provide tips to help protect your disability benefits.
Who do you help?
Our lawyers help individuals that have either purchased a long term disability insurance policy from an insurance company or obtained short or long term disability insurance coverage as a benefit from their employer. We have helped individuals in almost every type of occupation with monthly disability benefit payments ranging from $1,500 to $50,000.
Our clients include all types of employees ranging from retail associates, sales representatives, government employees, police officers, teachers, janitors, nurses, pilots, truck drivers, financial advisors, doctors, dentists, veterinarians, lawyers, consultants, IT professionals, engineers, professional athletes, business owners, and high level executives.
A strong understanding and presentation of the duties of your occupation is essential for securing disability insurance benefits.
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 phone, email, fax, GoToMeeting 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 800-698-9159 or by email. Lawyers 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.