Disability Attorneys Dell and Schaefer Prove to Prudential that Its Decision to Deny Benefits Was Wrong

Our client was originally denied long term disability benefits by Prudential after he was forced to make a claim due to persistent symptoms related to a concussion he had previously suffered. He had worked as a Senior Project Manager for SNC Lavalin Corporation. Due to his symptoms that included post-traumatic headaches, vision impairments, decreased focus, sleep dysregulation, cognitive deficits, fatigue, dizziness, anxiety, and mood changes, the client was forced to leave work on December 17, 2011. During the time period of December 17, 2011 through September 4, 2012, the client was unable to perform the material and substantial duties of his occupation. However, beginning on September 5, 2012, the client was able to return to work full-time.

Although his short term disability claim was approved for the full 3 months after he initially left work, and although his long term disability claim was limited to a period of just March 16, 2012 through September 4, 2012, Prudential refused to pay the client any long term disability benefits.

Claimant Contacts Dell & Schaefer

After being denied in letters from Prudential in May and December of 2012, the client came into contact with Attorney Alexander Palamara of Dell and Schaefer on May 30, 2013. As the deadline for filing the administrative appeal was quickly approaching, Dell and Schaefer had to act quickly in order to timely file the administrative appeal that was due on June 19, 2013. Luckily for the parties involved, a copy of the Claim File had already been produced to the client by Prudential. Armed with 20 days and a team of experienced disability specialists, Attorneys Dell and Schaefer were able to analyze and digest all aspects of the claim.

The Administrative Appeal

The Appeal filed by Dell and Schaefer was able to show the strengths of the client’s case as well as the weaknesses of Prudential’s earlier reviews. For instance, one of the client’s treating physicians opined that the client had no useful ability to function in regards to working in coordination with others due to psychological symptoms. Additionally, the doctor stated that the client would be unable to work at a consistent pace, nor would he be able to meet competitive standards. The doctor found that the client would have issues remembering work-like procedure; making simple work-related decisions; completing a normal workday and work week without interruptions from psychologically based symptoms; asking simple questions or requesting assistance; being aware of normal hazards and taking appropriate precautions; accepting instructions and responding appropriately to criticism from supervisors; getting along with co-workers or peers without unduly distracting them or exhibiting behavioral extremes; responding appropriately to changes in a routine work setting; and dealing with normal work stress.

In addition to arguing the strong support of the client’s treating physicians and their unrebutted objective opinions, the appeal also focused on the fact that Prudential’s internal appeals were guided by its inherent conflict of interest. As such, the appeal demanded that Prudential award the client full disability benefits for the period of March 16, 2012 through September 5, 2013, the date in which the client was able to return to work.

On August 9, 2013, Prudential informed Attorneys Dell and Schaefer that its administrative appeal was successful and that the client would be awarded full disability benefits for the period in question.
Today the client is able to work full time. Thankfully, the client was ultimately awarded the benefits he deserved for the time period he was unable to work.

Should your claim be denied or if you have a fear that Prudential or any long term disability insurer might be planning to deny your claim, please do not hesitate to call Attorneys Dell and Schaefer for a free consultation to discuss your case.

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FAQ

Do you help Prudential claimants nationwide?

We represent Prudential clients nationwide and we encourage you to contact us for a FREE immediate phone consultation with one of our experienced disability insurance attorneys.

Can you help with a Prudential disability insurance policy?

Our disability insurance lawyers help policy holders seeking short or long term disability insurance benefits from Prudential. We have helped thousands of disability insurance claimants nationwide with monthly disability benefits. With more than 40 years of disability insurance experience we have helped individuals in almost every occupation and we are familiar with the disability income policies offered by Prudential.

How do you help Prudential claimants?

Our lawyers help individuals that have either purchased a Prudential long term disability insurance policy from an insurance company or obtained short or long term disability insurance coverage as a benefit from their employer.

Our experienced lawyers can assist with Prudential:

  • ERISA and Non-ERISA Appeals of Disability Benefit Denials
  • ERISA and Non-ERISA Disability Benefit Lawsuits
  • Applying For Short or Long Term Disability Benefits
  • Daily Handling & Management of Your Disability Claim
  • Disability Insurance Lump-Sum Buyout or Settlement Negotiations

Do you work in my state?

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.

Do I have to come to your office to work with your law firm?

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, GoToMeeting.com 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.

How can I contact you?

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.

Reviews   *****

Brett C.

I have been on LTD, since Aug 2016, and Cigna is my LTD Insurance Company. I received a couple of payments from Cigna, without any issues, but then the payments stopped in Oct, at which time I was informed by Cigna that they were “looking into” my claim. Cigna stopped contacting me, would not even return calls or emails, but finally contacted me in mid-December to inform me that they would not be continuing with my claim.

I contacted Dell & Schaefer in January, at which time I began working with Attorney Alex Palamara, Disability Appeal Specialist Randa Escayg, and Legal Assistant Kathy Bordes. These folks were always kind, professional, understanding, did a great job of explaining everything to me, and most importantly I could tell that they truly cared about the situation my wife and I had unfortunately found ourselves in.

I fully understand the feeling of being overwhelmed, when you are first denied, that David vs Goliath feeling of you against some huge conglomerate, that powerless and helpless feeling that overcomes you when you are sick and injured and at your most vulnerable. The only things that you are able to focus on are saving your family’s home, doing whatever you can to take care of them, all while you should be focusing your energy on getting better, as much as you are able, so that you can recover your life to what it once was, returning your current life of overwhelming stress and chaos to some semblance of normalcy. Well, as soon as I began working with Alex, Randa, and Kathy, I immediately felt better, like I finally had someone in my corner fighting for me, somebody who cared, and somebody who would stand up to that giant corporation, and make things right.

Alex won my appeal for me, and Cigna is in the process of restoring my full benefits, retro back to October. I cannot describe to you the feeling of joy and elation the moment my wife and I were notified we had won. To those currently dealing with a LTD company, and all of the madness that entails, just know that there is a light at the end of the long dark tunnel. You do still have hope, and you can certainly do no better than to have the wonderful folks at Dell & Schaefer in your corner fighting for you!!!!

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