Berkshire approves total disability benefits for litigation attorney following surgery to remove a cancerous tumor and multi-level fusion of cervical spine

Our client was a litigator with his own successful practice. Early in 2009 he began to experience increasing pain in his upper back and neck. Thinking it was just a result of stress, he continued to try to work through the pain. As the pain worsened he sought medical treatment and later learned he had a life-threatening Chordoma in his cervical spine.

The slow growing, highly dangerous Chordoma had to be removed, and in doing so would result in the fusion of multiple discs in his cervical spine and radiation treatment. In June of 2009 he underwent his surgery. The surgery left him in great pain, with very limited range of motion, restrictions that would affect his normal daily activities, and a torn rotator cuff. Unable to return to the court room or handle the large caseload he once did with ease, he looked to his long term disability policies to help replace some of his lost income.

After dealing with insurance companies in the course of his legal career, he knew he did not want to undertake the filing of his application alone. He contacted attorneys Gregory Dell and Stephen Jessup to assist in the filing of his application. As his practice was still running, albeit in a reduced capacity, attorneys Dell and Jessup knew from their experience in handling applications for long term disability that Berkshire would attempt to review his claim as a partial disability claim rather than a total disability claim.

In order to determine if our client could continue to work and receive total disability benefits, we conducted an occupational assessment of the manner in which are client worked pre-disability. Upon receipt and review of the information, attorneys Dell and Jessup submitted the application for long term disability benefits as a claim for total disability. Berkshire immediately set out to determine the claim to be one for partial disability. Expecting this, attorneys Dell and Jessup were prepared to fight for our client’s entitlement to total disability benefits.

Following a field interview and several phone conferences, Berkshire agreed that our client was eligible for total disability benefits.

Questions About Hiring Us

Do you help Berkshire claimants nationwide?

We represent Berkshire 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 Berkshire disability insurance policy?

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

How do you help Berkshire claimants?

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

  • 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   *****

Cynthia B.

I learned in March 2014, that my LTD insurance provider was auditing my case. Two weeks later I received a denial letter. I didn’t even have time to provide the info requests to my doctors much less have them completed and sent back to the LTD company. I promptly called the rep who fumbled about for a few minutes then stated that the letter was mistakenly sent to me. The rep (I’ll refer to him as L) was often rude and aggressive even bordering on threatening on the phone.

They did not contact me from early June, I think, until September when L called me to inform me that my payments had already been stopped and a denial letter was in route. This letter informed me I had not complied in getting information from my Doctors and, he claimed in part that since they were not responsive to the insurance company, I was now in receipt of this denial letter. After all he claimed, I really was just fine (not quoted but implied in my opinion). I had not heard a word from L in 3 months prior to that call. I had been promised I no longer had to talk to L after I complained to the insurance company. How surprised I was to pick up a call from L. He seemed quite pleased to let me know they had already stopped my payments. Long story short, like you perhaps, I was scared and had no idea where to turn. Did I need to find a local attorney? That’s what I started doing. I quickly learned there were a lot of people who had or were currently going through the same thing. Misery really does seem to love company.

I started reading other people’s stories and often ran into the Dell & Schaefer name. I was skeptical. I mean, who chooses an attorney over the internet? I learned there were topics this law firm had placed on You Tube? I intently read everyone of them. I admittedly was impressed as they carefully described the process and what to expect. I read more than once. I called the national number listed. I made my choice when I spoke with Alexander Palamara, Esc. He was very informative, confident and encouraging. All of which I was not feeling prior to that call. I made my decision and never looked back. I knew without question that I would never be able to win this case on my own. I was so naive that I didn’t understand that what I thought was a very reputable and certainly well known Insurance company, would blatantly lie. They did. My attorney learned during the discovery process that they had, had much of the information they said they never got. They had had it for months. I never had to wait for response from Alexander, my attorney. If he was not available, his assistant would contact me. I was always in the loop and well informed. I was still shocked at the glaring discrepancies noted in my filing as opposed to what was noted by the insurance company’s denial letter. Some say, “Trust but verify”. I would Strongly recommend, “Don’t trust And Verify!” Act as early as you are able. Expect to provide your doctors names, addresses and phone numbers and dates. Then expect to be well represented. It’s well worth your time and money to pursue your case with Dell & Schaefer.

***** 5 stars based on 202 reviews

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