Another Long Term Disability Claim is Reinstated after Disability Attorney Alexander Palamara successfully argues The Standard Insurance Company Mishandled Preexisting Condition Investigation

Insurance companies often deny benefits based on an inability to complete a preexisting condition investigation without any consideration to the merits of the disability claim. Unfortunately, an insurance company’s inability to complete a preexisting investigation is often due to its own mismanagement of the claim file and lack of due diligence.

Prior to becoming disabled, our client worked as a Police Officer for the Metropolitan Police Department (Government of the District of Columbia). Unfortunately for our client, after being involved in a motor vehicle accident and suffering from ongoing back, neck, and shoulder pain, he was denied benefits based on the insurance companies alleged inability to complete its preexisting condition investigation. The Standard denied the claim despite acknowledgement by its medical reviewer that limitations and restrictions were in place that would prevent our client from performing the duties of his own occupation.

Like most group disability insurance policies, our client’s insurance policy provides an exclusion for preexisting injuries which states that there is no coverage for a disability that is caused or contributed to by a preexisting condition. When our client filed his claim, the Standard initiated a customary investigation into any preexisting conditions which included a request for certain pharmacy records and records from a certain physician regarding a recommended diagnostic test.

Unfortunately for our client, despite providing the Standard with the release for the pharmacy records and advising the claims handler that he never underwent the recommended diagnostic test, his claim was denied.

Alexander Palamara of Dell & Schaefer Files Appeal

After speaking with the client, it was readily apparent to Attorney Palamara that the Standard’s decision to deny benefits was incorrect. It was clear that our new client was not capable of performing the material duties of his own occupation, he did not have a preexisting condition, and the Standard’s denial for being unable to complete its preexisting condition was improper, likely a mismanagement of the claim investigation.

After gathering The Standard’s claim file and updated medical records from our client’s treating physicians, an administrative appeal was drafted to challenge the denial. Our appeal highlighted the errors in the handling of the preexisting condition investigation, presented all of the information necessary for the Standard to complete its preexisting condition investigation, and presented all of the medical information supporting our client’s restriction and limitations.

A few months after the appeal was filed, our client, was approved for benefits and continues to receive benefits to this day. Although our client was without benefits for nearly a year, he is happy to be on claim. He also knows that he can trust Dell & Schaefer to keep him on claim until he is able to return to work or until his policy expires.

If you have been denied disability benefits by the Standard or any other disability insurance company, please do not hesitate to contact Attorney Alexander Palamara at Dell & Schafer for a free consultation.

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FAQ

Do you help Standard claimants nationwide?

We represent Standard 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 Standard disability insurance policy?

Our disability insurance lawyers help policy holders seeking short or long term disability insurance benefits from Standard. 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 Standard.

How do you help Standard claimants?

Our lawyers help individuals that have either purchased a Standard 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 Standard:

  • 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.

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