Chiropractor placed on claim despite an “any occupation” provision

Our client, a chiropractor, suffered from severe bilateral carpal tunnel syndrome, as a result of a traffic accident. Our client applied for disability insurance benefits under the terms of his contract. His disability insurance contract defined total disability for the first 24 months as the inability to perform the substantial and material duties of his occupation as a chiropractor. After 24 months the definition changed to the inability to perform the substantial and material duties of any occupation taking into consideration his education, training, experience, and pre-disability earnings. Earnings were defined as “income from work.”

Our client was paid for the first 24 months, however thereafter his insurance carrier denied further benefits, claiming that our client could engage in several other occupations and was thus, no longer disabled. His insurance carrier asserted that since our client did not withhold Social Security from the profits he obtained from his practice, the money received was deemed “dividends” rather than “income / earnings.” Therefore, the insurance carrier considered his pre-disability earnings as $0, despite the fact that he was earning upwards of $200,000 per year. As such, the insurance carrier argued that if he could engage in any job in which he could earn more than $0 per year, he was not eligible for total disability benefits.

We submitted an appeal to the insurance carrier providing ample medical documentation, a report from a vocational rehabilitation expert, and citing applicable case law. Based on our appeal, our client’s insurance carrier reversed its decision, provided all back benefits owed, including interest, commenced monthly benefits, and paid attorney’s fees and costs.

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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.

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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.

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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   *****

Michael W. (Texas)

Dell & Schaefer did such a marvelous job in handling my Lump Sum Longterm Disability claim, that I have to take my hat off, and give them a standing ovation! Cesar and his assistant Michal were not only very professional, but they handled my case in a very expedient way. Both Cesar and Michal were prompt in returning my calls and answering my questions, which is rare for an attorney. Not only did they obtain the lump sum amount that was promised to me by the insurance company, but they increased the amount by a few thousand dollars.

As a man of God, I want to thank God for using Dell & Schaefer to resolve my case, but also for the integrity in which they showed. Thanks to the entire Dell & Schaefer legal team, and may God bless you to have a long and prosperous legal business!

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