AXA Equitable and DMS Approve LTD Benefits for Litigation Attorney with ADHD & Bi-Polar

A successful commercial litigation and trial attorney contacted disability insurance attorney Gregory Dell to seek assistance with filing a long term disability benefit claim with AXA Equitable Life Insurance Company. Our client was in his late 40’s and he had purchased his disability insurance coverage from AXA Equitable Life more than 10 years before he became disabled. Like many business professionals, our client had been struggling for many years with his disability, yet he continued to try to work through his condition of Attention Deficit Hyperactivity Disorder (ADHD) and Bi-Polar. Prior to filing for disability he had been treating with multiple psychiatrist and psychologist on and off for approximately 4 years. Our client was earning in excess of $250,000 annually and had no interest in giving up his career as a litigation attorney. Unfortunately, as the daily errors and inability to get his daily tasks completed began to multiply, he realized that he was no longer able to perform the duties of a commercial litigation attorney.

Definition of Disability and Occupation Duties of a Litigation Attorney

Fortunately our client had purchased an own occupation disability policy that defined total disability as “your inability due to sickness or injury to engage in the substantial and material duties of your occupation“. Our client’s typical work week was 50-60 hours and his substantial and material duties included: conducting discovery, drafting pleadings and motions, attending depositions and court hearings, numerous phone conferences with clients and opposing counsel, preparing Summary Judgment and numerous other motions, trial preparation, legal research, daily travel out of the office to attend court hearings, depositions, mediations or client meetings. Our client was billing over 1,500 hours annually and was involved in multiple active lawsuits at any given time.

AXA Equitable and Disability Management Services (“DMS”) Question Client’s Disability

Disability Management Services Inc. (“DMS”) is a third party administrator that administers all aspects of AXA Equitable long term disability insurance claims. Our law firm has handled hundreds of claims that have been administered by DMS. Despite medical support from our client’s treating physicians, DMS and AXA Equitable required that our client undergo a neuropsychological evaluation and psychological evaluation in order to independently verify his restrictions and limitations. It is unusual to have an IME exam performed prior to claim approval, but DMS was questioning how our client continued to work through his years of suffering. We demanded that the IME exams be videotaped and that copies of the IME reports be sent to our client’s treating physicians for review and comment. We also clarified the scope of the testing prior to allowing our client to submit for any testing. It is unfortunate that we often see disability companies that will question the seriousness of a claimant’s disability because he or she tried to continue working with disabling condition. Disability claimants need to be careful about how long they continue to work while claiming that they are limited by a medical condition. In our client’s case the doctors hired by the insurance company actually agreed with the finding of our client’s doctors. Since our client has an own occupation disability policy he has been able to work in alternative jobs that do not require performance of the same substantial and material duties of a commercial litigation attorney. While working in alternative jobs, our client can collect his full monthly disability benefit and whatever additional income he is able to earn. We continue to monitor and manage our clients AXA disability claim on a monthly basis.

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FAQ

Do you help Axa Equitable claimants nationwide?

We represent Axa Equitable 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 Axa Equitable disability insurance policy?

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

How do you help Axa Equitable claimants?

Our lawyers help individuals that have either purchased a Axa Equitable 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 Axa Equitable:

  • 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   *****

James S. (New York)

The best place to start is a brief background. I had incurred six spine surgeries in a span of five years taking four or nine days vacation for each. These surgeries included multi level fusions, laminectomy’s, etc. I reached the point where the physicians recommended I take a period of time (six months) off to see if the injured nerves would calm down. I filed for my short term benefit (90 days) and that was approved. I filed for my long term benefit but was denied. After six months of no improvement I was deemed permanently injured, a pain management case. No other surgeries would help. This was all fully documented and supported by the surgeon. At some point in that period I realized an attorney was the only way to take on the insurance company as I was getting absolutely nowhere. I searched locally but had no luck but was recommended to Dell & Schaefer by a local attorney.

I was hesitant at first as their main office is in Florida and I am in New York but realized they had to trust me remotely also. Once they obtained all the medical records and formed the first of several appeals (at their up front cost and therefore risk) I realized they had this down and they realized I had a legit case with full physician support. The people at Dell & Schaefer were always courteous and professional. They never set any false expectations about time frame and they always kept me updated as the claim status.

Dell & Schaefer at one point had to ask my surgeon to write yet another letter on my behalf. There interaction with the very busy surgeon was polite, professional and subtle. I did not want my relationship with the doctors jeopardized by this and it never was. They also updated me with a copy of all interactions with the insurance company in a timely manner.

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