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Dell & Schaefer’s Appeal Leads Prudential to Reinstate ERISA Long Term Disability Benefits

Attorney Alex PalamaraAuthor: Attorney Alex Palamara

A former Branch Manager for Kelly Services was forced to leave her employment on August 29, 2011 due to a Cerebral Vascular Aneurysm secondary to a carotid artery dissection. Shortly thereafter she applied for and was approved for Short Term Disability benefits which were paid for the first year of her disability. The Long Term Disability (LTD) Policy that the employee had in place through her employment with Kelly Services was supposed to cover her claim after the short term disability benefits ended. Unfortunately for the employee, on November 26, 2012, nearly two months after her LTD benefits should have kicked in, Prudential informed her that her “symptoms do not rise to a level of severity that would impact your inability to perform the duties of your occupation” and they denied her claim from the start.

Claimant Contacts Dell and Schaefer

After hearing over the phone that her claim had been denied, the former Branch Manager contacted Attorneys Dell and Schaefer even prior to her receiving the denial letter of November 26, 2012. This early contact gave her attorneys the full amount of time to begin working on her case in order to file the strongest administrative appeal possible.

Dell and Schaefer studied the Claim File provided from Prudential, along with the medical records from each of her physicians. Lastly, her disability attorneys were also able to order and review the Social Security Administration’s disability claim file. After having a complete grasp of the former Kelly Services’ employee’s disabilities and policy, her disability attorneys were ready to put pen to paper and draft the administrative appeal.

Dell and Schaefer’s Administrative Appeal

Attorney Alexander Palamara was able to find and expose the weaknesses of Prudential’s determination. Additionally, armed with an overwhelming amount of medical documentation, her attorney was also able convey the strengths of her claim and show the overpowering support she had from each and every one of her treating physicians. A timely administrative appeal was filed on May 22, 2013. By way of a letter dated July 22, 2013, Prudential informed the former Branch Manager that her claim had been approved with an effective date of August 28, 2012 and that she would be receiving a check for the prior 11 months of benefits that had previously been denied to her.

Today, this claimant is still on claim and receives her benefit each month. Dell & Schaefer is continually working on her claim on a daily basis to ensure that Prudential does not deny her claim in the future.

If you have been denied or are in fear of getting denied by Prudential or any other disability insurance company, please do not delay and please contact Attorneys Dell and Schaefer for a free consultation and review of your claim.



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