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New York Life

I won my appeal but have no recourse for attorney fees

Item: New York Life
Rating: 2
Author: John

Reviewed by John on June 18th 2012 Verified Policyholder

My claim was initially denied by New York Life and I contacted a lawyer who assisted with my appeal and I was just informed I would be winning my appeal on reversal of their original decision. My attorney informs me there is no recourse for me to collect attorney fees which come out of my settlement. I believe New York Life was wrong to deny me in the first place, and their denial caused stress which exacerbated my condition causing me to lose my position at work due to exhausting my FMLA. I could not have dealt with New York Life on my own but I want to pursue a complete settlement and be made whole.

Reply

Sent on June 18th 2012 by Attorney Gregory Dell

John, Congratulations on winning your New York Life appeal. I am assuming your claim was governed by ERISA. Since it appears that a lawsuit was not filed there is no remedy to recover attorney fees. The ERISA laws specifically exclude attorney fees for any pre-suit work. We agree with you that this is another area of ERISA law that is not fair for claimants

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Disability Benefit Denial Options

Submit a Strong New York Life Appeal Package

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Sue New York Life

We have filed thousands of disability denial lawsuits in federal Courts nationwide against New York Life.

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Get Your New York Life Disability Application Approved

We help claimants throughout the entire application process.

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Prevent a New York Life Disability Benefit Denial

We manage every aspect of your disability claim following claim approval.

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Negotiate a New York Life Lump-Sum Settlement

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New York Life Reviews

(109)

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1.5 out of 5

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48%

Timely Payments

1.9out of 5

Handling Claim

2.0out of 5

Customer Service

2.0out of 5

Dependable

1.8out of 5

Value

1.8out of 5

Showing 4 of 109 Reviews

New York Life

NY Life Short Term Disability Team is Terrible

Reviewed by Dr. T on July 22nd 2025 Verified Policyholder | August 2024 date of disability

I am a physician and was in a high velocity rear impact car accident. The person slammed into my stopped car going almost 50mph. Was not physically or cognitively able to ...

New York Life

Lyme Disease Disability Claim Denial

Reviewed by Bob C. on November 13th 2024 Verified Policyholder

I have had repeat claims for genuine medical leave and they have repeatedly been denied by NY Life. I have even been diagnosed with Lyme and going through treatments and t...

New York Life

Disappointed with NY Life Disability Excuses

Reviewed by Carina S. on November 12th 2024 Verified Policyholder

I am beyond disappointed with NY Life Disability Insurance’s handling of my father’s claim. My father, a 66-year-old man who has suffered two strokes and continues to ...

New York Life

New York Life is a joke!

Reviewed by Heather on October 3rd 2024 Verified Policyholder | August 2024 date of disability

This company sucks when it comes to disability claims. They are slow at processing stuff, then they always say they didn't recieve the doctors information. You spend your ...

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Answered Questions by Our Lawyers

(34)

Showing 4 of 34 Answered Questions

Q: SSDI Backpay and LTD Reimbursement: What New York Life Can and Can't Claim?

Answered on March 18th 2026 by Attorney Jay Symonds

A: The payment of retroactive SSDI benefits likely created and overpayment that you would be required to pay back...

Q: New York Life outstanding overpayment

Answered on July 17th 2025 by Attorney Gregory Dell

A: I am very sorry for your loss. There is a strong argument that you are not responsible, but they may be able t...

Q: What can I do if my appeal is denied?

Answered on July 7th 2025 by Attorney Jay Symonds

A: Andie, if the appeal is denied, NYL may offer a voluntary second level appeal. If not, you will have exhausted...

Q: LTD canceled their request for updated med records?

Answered on March 10th 2025 by Attorney Jay Symonds

A: Most Authorizations are only good for two years so depending on when you signed it, it may no longer be valid ...

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Helpful Videos

(929)

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Disability Benefit Tips

(331)

Showing 4 of 331 Benefit Tips

How Will Sale of Cigna Disability Division to New York Life Insurance Co. Affect Disability Claimants?

On December 18, 2019 Cigna entered into an agreement to sell their disability insurance and life insurance division for $6.3 billion. This is a monster deal in the disability insurance world as Cigna was one of the top five largest disability insurance companies in the world prior to the sale. With the purchase, NY Life Insurance company will instantly go from being a small disability insurance company to o...

Why Must Your Disability Insurance Lawyer Understand Your Disabling Condition?

When it comes to securing your disability insurance benefits, it's vitally important that your disability insurance lawyer thoroughly understands the symptoms and impact of your disabling condition. Doctors can help you create strong medical records, but they're not accustomed to dealing with the rigorous documentation disability insurance companies require. Lea...

Disability Benefit Denial Reason #5 – Your Medical Evidence is Weak

If you're seeking long term disability benefits from an insurance company, you may be concerned that you're facing an uphill battle. Fortunately, the stronger your medical evidence, the greater the odds that your claim will be approved. On the other side of the coin, one of the most common reasons for denial of long term disability benefits involves too-weak med...

Disability Benefit Denial Reason #4 - Your Doctor Is Misled By the Disability Company

When you're seeking disability insurance benefits, your medical records and treating physician's statement are two of the most important components of your claim. But because the insurance company has a vested interest in denying your disability insurance claim, it often will rely on tactics like ambushing your doctor with a phone call in an attempt to get them ...

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Our Resolved Cases

(391)

Showing 4 of 391 Our Resolved Cases

Winpak Manager With Back Issues Wins NY Life Appeal

New York Life denied continued long-term disability benefits to our client — a Florida process manager employed by Winpak with L5-S1 spondylolisthesis and related spinal conditions — at the exact moment his policy's definition of disability changed from own-occupation to any-occupation. The insurer relied entirely on a paper review by a non-examining physici...

New York Life Wrongfully Denied Disability Benefits to Lockheed Martin Employee with Eye Disorders

New York Life paid our client's long-term disability benefits for two years — and the moment the policy definition shifted at the 24-month mark, the insurer cut her off. She had spent 38 years at Lockheed Martin Corporation as an Information System Security Officer in Georgia, doing work built on classified cybersecurity, technical guidelines, sustained computer use, and det...

Veradigm Salesperson With PTSD Wins New York Life Disability Appeal

New York Life denied long-term disability benefits to an Arizona-based Veradigm Expert Solutions Specialist — a highly skilled IT professional responsible for delivering complex technical presentations to healthcare executives — based almost entirely on a paper review by a physician who never examined her, never spoke to her, and never evaluated the cognitiv...

Estes Express Diesel Mechanic Wins New York Life Disability Appeal After Prior Law Firm Sucked

Following a denial of his claim for Long Term Disability (LTD) benefits, our client came to us almost 7 months after he received an April 29, 2021 denial letter. Prior to contacting us, he had taken no action to challenge this denial and no administrative appeal had yet been filed. As his claim is governed by the Employee Retirement Income Security Act (ERISA)...

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Disability Lawsuit Stories

(766)

Showing 4 of 766 Lawsuit Stories

Missouri Court Rules New York Life Wrongfully Terminated Disability Benefits

In the case of Lapidus vs. Life Ins. Co. of N. Am. a Missouri federal court ruled against New York Life finding that New York Life wrongfully terminated long term disability benefits to Lapidus after having initially approving her claim for benefits. Prior to filing for disability benefits Lapidus worked as the vice-president of medical benefits for BJC Healthcare. Despite having undergone a spinal fusion and ...

Missouri Court Orders New York Life to Pay LTD Benefits to Medical Sales Executive

The Plaintiff in this case was vice-president of Medical Benefits at BJC Healthcare when a severe back condition required her to have a spinal fusion. She was awarded short term disability (STD) benefits while she recovered. Unfortunately, she suffered serious complications following the surgery which delayed her recovery. Her application for long term disability (LTD) benefits was initially approved, but four...

Lockheed Martin Systems Integration Analyst Wins Long-term Disability Lawsuit against New York Life

Cal Van Steen had been employed as a Systems Integration Business Analyst at Lockheed Martin Corporation and participated in the company’s group long-term disability plan with New York Life.In 2011 while walking his dog he was assaulted during an altercation which resulted in a traumatic brain injury that affected Mr. Van Steen’s cognitive abilities, namely his abilities to concentrate, focus, organiza...

Court rules New York Life cannot use 24 month mental health limitation to deny disability benefits

Too many disability companies try to wrongfully use the 24 month mental nervous disorder limitation to deny long term disability insurance claims. How can New York Life pay disability benefits for 5 years and then claim a person should be limited to only 24 months of disability payments?In an ERISA Disability Lawsuit, a United States District Court in Oregon recently ruled that the New York Life decision t...

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Reviews from Our Clients

Keith G.

They were very professional with their responds and on time with keeping you inform about everything with your case. I would recommend My lawyer Stephen Jessup, he was on point with everything, thank you. You guys are awesome people to work with. God bless you guys.

Keith L.

I was not able to work as a physician for about 14 months due to neck/back issues. Even though I had 3 medical doctors explicitly state that I was not to work AT ALL as a physician at that time, New York Life (NYL) Disability Insurance denied my long term disability claim (which apparently they deny a high percentage of people similar to me- only they know why they do this to so many- I have my own suspicions). I was in pain from my medical issues and so frustrated with NYL considering I had many bills coming due. I then decided to call Dell Disability Lawyers. One of their attorneys, Alex Palamara, spoke to me on the phone right then to hear and understand my story and then offer ways he could help. Long story short, within a few months of me returning back to work, he was able to persuade NYL to pay me my long term disability claim. He (and his kind assistant, Tabitha) were always very helpful, informative, and available to me. I feel quite certain that NYL would NEVER have paid me what was appropriate based on my insurance agreement/ contract with them without the help of Alex. I highly recommend him/Dell Disability Lawyers. If you find yourself in a similar situation of disability insurance denial of your own personal/group policy, especially if you are a medical provider/physician like me, then consider contacting them for advice/direction PRIOR to appealing your claim on your own.

Kyle D.

Jay Symonds and his assistant, Sonia helped me tremendously. The insurance company that worked for my former employer did everything they could to make my life literally miserable. That all changed when I hired Jay. He and Sonia fought for my rights and forced the insurance company to pay what they should have.

If you have a disability claim hire Jay as if you go it alone the insurance company will screw you. Jay and Sonia will fight for everything you are entitled for. I couldn’t recommend them more highly.

Frank R.

I cannot say enough positive things about my experience with Dell Disability Lawyers. Attorney Stephen Jessup and Amanda offered an opportunity to provide clarity on a complex issue regarding my disability claim. Mr. Jessup offered advice on an offset to my claim after my insurance company asked for additional information from Social Security. With counsel from Mr. Jessup, I was able to address the outstanding issue with the Social Security office and provide my insurance company with the required documentation to address their concerns. Mr. Jessup always responded in a timely manner with expert advice and offered the opportunity for follow up. I strongly recommend Dell Disability Lawyers to those seeking legal counsel for disability matters.

Wesley D.

I have been able to help others as a soldier, a police officer, and a pharmacist. I needed help forcing the insurance company to keep their commitment to take care of me and my family. I called Dell. Alex, Tabitha, and their entire team were very compassionate, extremely patient, and extraordinarily knowledgeable. Many thanks Dell!

Samar A.

My husband had applied for Long Term Disability and was denied. We sought out Rachel Alters at Dell Disability Lawyers to help us with our appeal. Rachel and her team were so diligent and meticulous in every aspect of the process. The process was seamless, and we never had any doubts that she would get it done and that she did! We are forever grateful to Rachel and Catherine for all of their determination and tenacity to get us the outcome we needed and deserved.

We could not recommend better representation and are indebted to them for making us whole again. Thank you so much Rachel and team!

Jam

Alex Palamara is one of The Best lawyers in the world and Dell Disability Lawyers are the Best by Far. Alex and his Assistant Tabitha helped me get the compensation I needed for a Horrific Disabling heath condition I’ve been dealing with for over a year. Alex and his team were so professional and caring. They treated me like I was there own family. Alex Knowledge, Expertise and skills as a Lawyer is among the Best of the Best in his field and I would HIGHLY recommend that if you ever have any issues with any Insurance Company over your Disability issues, please don’t hesitate to seek out Dell Disability and Alex Palamara. They truly are Amazing and caring. Thank God for them. Outstanding Job Alex and Tabitha

G.T.

9 years ago when I had to apply for disability benefits from my private disability policy the insurance company ignored my inquiries until Dell and Schaefer represented me and I have received the benefits without interruption til my policy expired at age 65. I have appreciated not having to deal directly with the insurance company and having attorney Greg Dell and assistant Danielle Lauria handle all communications which included monthly progress reports. I thank them for their efforts on my behalf and highly recommend them to all those in need of disability benefits.

Misty A.

I’m so thankful I chose to reach out to the attorneys at Dell. They have always been quick to respond to any and all questions I have had. The anxiety I had while dealing with Lincoln Financial on my own has decreased immensely since Alex and Danielle took my case. They were able to get my LTD denial reversed and I am so very grateful!

View All Reviews (503)

I won my appeal but have no recourse for attorney fees

Reply

Resources to Help You Win Disability Benefits

Submit a Strong New York Life Appeal Package

Sue New York Life

Get Your New York Life Disability Application Approved

Prevent a New York Life Disability Benefit Denial

Negotiate a New York Life Lump-Sum Settlement

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