Assistant Wins Usaa Life LTD Insurance Settlement for Fibromyalgia
Our client was an executive assistant for a leasing company who became disabled after developing fibromyalgia. In April 2007, she filed a claim with USAA Life, with whom she had taken out a personal long-term disability policy in 1995.
Our client’s occupation as an executive assistant required her to spend long hours in front of a computer. However, her job required her to be able to multi-task and perform a large variety of tasks beyond those of a typical assistant, including preparing reports and financial data, training and supervising other support staff, and making travel arrangements.
With our client’s conditions – fibromyalgia and depression – she was unable to spend the time necessary to perform her job as she once had, and left work in an effort to get better. While she continued to treat with a number of doctors, including a chiropractic neurologist, three rheumatologists, her ob/gyn, and primary care physician, all of whom supported her diagnoses, she was unable to find relief from the pain that prevented her from working in her job.
Our client’s definition of disability stated:
You will be considered Disabled once you are under the care of a Physician for an Injury or Sickness and such Injury or Sickness results in one of the following conditions:
- you have a 20% or greater loss of time at work, or
- you experience the inability to perform one or more of your substantial and material daily business duties. (Business duties are considered substantial and material if they accounted for 20% or more of your income for the prior 12 months).
USAA Life denied her claim on June 22, 2007, asserting that she was not disabled. Four days later, our client contacted Dell Disability Lawyers to represent her against USAA Life. Dell Disability Lawyers filed an appeal with USAA Life in an attempt to settle our client’s claim without having to file suit. After USAA Life refused to overturn their denial of the claim, Attorneys Cesar Gavidia and Robert Kerr filed a lawsuit in Circuit Court demanding all past due benefits, attorney fees and interest. Following several months of extensive litigation, Dell Disability Lawyers secured a confidential settlement on behalf of our client.
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Disability Company Reviews
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Mutual of Omaha
90 days and still waiting
I filed for benefits in July, 2024 with an effective date of 7/30 (after the 14 day wait) and today is October 18th and my claim is still pending. They either don't want t... read more >
New York Life
NY Life Short Term Disability Team is Terrible
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 ... read more >
Sedgwick
Sedgwick will use the false need for discovery to deny your claim
Sedgwick will use the false need for discovery to deny your claim for as long as possible to wear you down because you are out of work and need the money.Lie, cheat and ... read more >
Unum
Unum does not act as a fiduciary
I received paycheck from 2 sources at work. I was approved for LTD by Metlife within 40 days, no questions asked. I was approved by NWM which was my private own occupation... read more >
Unum
UNUM denied my LTD claim after 6 months although my health continues to decline
An attorney is needed to monitor an open, ongoing claim. I naively thought payments would continue. Review of medical records by a disability attorney before submission to... read more >
MetLife
Horrible STD Service. Run !!!!
For the first time since I can remember my employer did not offer STD as one of my paid benefits so I’m paying for this policy. Had to file a claim on 6-14-25. Went thro... read more >
Reliance Standard
Reliance Standard cut off LTD suddenly claiming I could do sedentary work after 10 plus years… no paperwork sent to appeal
I’ve been on STD then LTD with Reliance since 1/2015. They sent a medical review in December 2024 to my old address which of course I never got the paperwork for. I emai... read more >
Sedgwick
Denial for benefits, Sedgwick is the worst
I was not paid for 7 months on STD. My appeal was finally approved, but in the meantime I lost company match on my 401k, and then they canceled my company insurance. Out o... read more >
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Showing 8 of 374 Dell Disability Cases
Seven Surgeries and The Standard Still Denies Disability Insurance Benefits
Our client was employed with the State of Oregon as a Technical Support Representative. She sought disability through her employer provider LTD Policy with Standard due to low back, hip, and lower extremity pain. She had two hip, two knee and three back surgeries.After paying her for 1.5 years Standard hired a board-certified neurologist to perform a review ... Read More >
Sun Life Wrongfully Denies Disability After Paying For 23 Months
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Nurse Denied Long-term Disability Benefits by Lincoln After the Definition of Disability Changed
Our client, a registered nurse for Dignity Health, found herself in a difficult situation after being diagnosed with lumbar spondylosis and left knee arthritis. She continued to work, however, struggled while attempting to work through chronic lower back pain and left lower extremity radicular symptoms on a daily basis. Sadly, her condition failed to improve and... Read More >
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Unum unjustly terminated our client’s disability insurance claim after it had approved and accepted liability for six months. Unum unreasonably concluded, without any evidence of improvement, that the claimant had resumed the sustained work capacity to perform the material and substantial duties of her high level occupation as a Transportation Division Manage... Read More >
Prudential reverses decision to terminate LTD benefits of MRI Tech with Primary Progressive Multiple Sclerosis and degenerative Disc Disease
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The claimant is a former Senior Technology Services Engineer for Accolade, Inc. who was forced to cease working on May 25, 2021 and to apply for disability insurance benefits under his policy with Prudential because of severe symptomatology related to depression and anxiety. Prudential initially approved his claim for LTD benefits as his symptoms were demonstrat... Read More >
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