Appeal filed by Dell & Schaefer proves to MetLife that former Morgan Stanley Employee Should Continue to Receive ERISA Long Term Disability Benefits

This former employee of Morgan Stanley came to us after being denied continued Long Term Disability (LTD) benefits by MetLife. Our now client previously worked as a Registered Client Service Associate for Morgan Stanley. This sedentary occupation had her supporting a Financial Advisor or a group of Financial Advisors with a combined annual production of $1,500,000.00 and approximately $200 million dollars under management. Our client worked for Morgan Stanley since 1990. Unfortunately for our client, she was forced to stop working in April of 2012. The combination of her chronic fatigue, severe chronic daily headaches and cognitive impairment prevented her from being able to perform each of the material duties of her own occupation.

Fortunately for our client, her employment at Morgan Stanley provided her with a Long Term Disability Insurance Policy should she be unable to work due to disabling conditions. Afforded such a policy, our client timely filed an application for LTD benefits. After our client filed her claim, MetLife initially approved the claim and paid LTD benefits from October 2, 2012 through September 30, 2014.

MetLife’s Denial

By way of a denial letter dated September 19, 2014, MetLife informed our client that it would no longer pay benefits beyond September 30, 2014. In its denial letter, MetLife stated that it found that our client was only disabled due to a neurotic adjustment disorder and found that such conditions are limited to 24 months of benefits under the policy. MetLife found that her other conditions were not disabling and did not prevent her from performing each of the material duties of her prior occupation. While “Mental or Nervous Disorder or Disease” claims are in fact limited under the terms of the LTD Policy provided by Morgan Stanley, our client’s other conditions fell outside of this limitation and were severe enough to warrant continued benefits.

Claimant Hired Dell & Schaefer

The Employee Retirement Income Security Act of 1974 (ERISA) only provides for 180 days to file an administrative appeal to challenge such a denial. It must be mentioned that if a timely ERISA appeal is not filed, a claimant will likely lose any right they have under the policy for further benefits and they will be unable to file an ERISA lawsuit. Nearly four months after being denied benefits, our client eventually contacted Dell & Schaefer and spoke with disability insurance attorney Alexander Palamara. Although left with limited time to file the administrative appeal, Attorney Palamara quickly took on the case to fight MetLife’s incorrect denial.

Appeal filed by Dell & Schaefer

Armed with limited time, Dell & Schaefer quickly secured any and all updated medical records from our client’s treating physicians as well as the claim file from MetLife. A review of both showed that our client had sufficient proof to justify MetLife overturning its prior decision to deny benefits. A proper and timely appeal was filed prior to the ERISA deadline of 180 days. In the appeal, we were able to show how the combination of her conditions continue to prevent her from performing each of the material duties of her own occupation as a Registered Client Service Associate. Furthermore, in the appeal we pointed out that MetLife’s reviews were very narrow and focused primarily on her psychological conditions. We argued that MetLife’s reviews were biased because MetLife wanted to reach the conclusion that her claim was subject to the limited benefit provisions of the policy. Finally, we noted that it was the consistent opinions of all of our client’s medical providers, and even one of MetLife’s own independent physician consultants, that our client’s disabling conditions and her inability to perform her own occupational duties stems from her physical conditions. With this appeal, we believe that we left MetLife with no reasonable alternative but to reinstate our client’s claim or face a strong lawsuit against its position.

Two weeks and two days after the administrative appeal was sent to MetLife, we received word that our client’s claim had been reinstated and benefits would be payable from October 1, 2014 forward. Although our client is upset due to being denied continued benefits in the first place, she is ecstatic that she found Dell & Schaefer who fought to get her claim reinstated. Likewise, she is now comforted knowing that Dell & Schaefer will do whatever it takes to keep her claim approved until she is able to go back to work or until her policy expires.

If you have any questions with regards to a Long Term Disability Claim, or if your claim has been denied, please do not hesitate to contact the Attorneys at Dell & Schafer for a free consultation.

Read more about Metlife disability claims on this page.

Questions About Hiring Us

Do you help MetLife claimants nationwide?

We represent MetLife 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 MetLife disability insurance policy?

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

How do you help MetLife claimants?

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

  • 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, 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   *****

Chad B. (Illinois)

I originally spoke with 3 other long term disability lawyers about my case before contacting Dell and Schaefer. None of those law firms would take it. They said the chances of me winning was not good. After finding Dell and Schaefer online I spoke with one of the attorneys that has since left. He did take my case but later it was picked up by Rachel Alters. Rachel is amazing and a very intelligent attorney. She not only won my case but also was able to get my back pay for 6 months.

I also cannot say enough about Sonia Nogueira. Sonia was always quick to answer any of my questions. I would usually hear back from her within hours of sending her a email. I do not know where I would be if I hadn’t contacted them. My family and I cannot thank them enough. Don’t let an insurance company tell you they are not responsible for paying you. I paid them for 20 years monthly and they looked for any reason they could not to have to pay me when I needed my benefit. Thank you Rachel and Sonia for all you guys do.

***** 5 stars based on 202 reviews

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