Dell & Schaefer’s Client Awarded ERISA Long Term Disability Benefits After ERISA Appeal Filed
Dell & Schaefer was informed by Unum that a client’s claim for LTD benefits has been finally awarded. The client was previously employed as a Nuclear Security Officer for the Entergy Services, Inc. This occupation is a position of great responsibility. From controlling access, preventing intrusions, and thwarting industrial sabotage, the claimant had to be ready at all times to perform the material and substantial duties of his job. Unfortunately, the restrictions and limitations caused by lumbar radiculitis, lumbar degenerative disc disease, lumbar facet arthropathy and the related lumbar pain caused by these conditions prevented the client from performing his duties since May of 2012.
Shortly after leaving work due to these conditions, the client filed for but was denied Long Term Disability benefits by Unum.
Claimant Contacts Dell & Schaefer
After his initial appeal was denied, the claimant contacted Attorneys Dell & Schaefer with the hopes that their expertise would help convince Unum that he was truly disabled with the final disability appeal he possessed.
After having a chance to review the Unum’s claim file and the client’s medical records, Dell and Schafer was able to point out the strengths of the client’s claim and the weaknesses of Unum’s earlier reviews that led Unum to the previously incorrect decision to deny his benefits.
Dell and Schaefer’s Administrative Appeal
Armed with physician support that stated that the claimant could not perform his occupation as he could not lift more than 15 lbs, Dell and Schaefer was able to show Unum that there was no way this individual could ever perform the duties of a Nuclear Security Officer. Additionally, Dell and Schaefer pointed out that neither of the reviewers who were employed by Unum to review the medical records of the client had even treated, met with or even laid eyes on the claimant.
A few weeks after the appeal was filed, Dell and Schaefer was informed today that the client’s claim had finally been approved. The client will be receiving his long term disability benefits shortly. We at Dell and Schaefer will work to keep this client on claim until he is able to return to work or until his policy expires at age 65.
If you have a similar claim, please do not hesitate to call Attorneys Dell and Schaefer for a free consultation to discuss your case.