Disability carrier denies disability benefits to chiropractor after paying for 8 years, yet Attorneys Dell & Schaefer file lawsuit and obtain lump-sum buyout

Dr. Z, a chiropractor, suffered an injury to both of his wrists while performing work in his backyard. As a result, Dr. Z was forced to discontinue his profession as a chiropractor and file disability claims under his three long-term disability insurance policies. Wanting to insure his financial future in the event that he became disabled, Dr. Z maintained three individual disability policies with three different insurance companies. Initially, the disability carriers approved Dr. ‘s claims and began paying him monthly disability benefits.

Over the years, Dr. Z’s hands and wrists continued to degenerate, developing arthritis and becoming deformed. He also developed osteoarthritis, rheumatoid arthritis, herniated discs and multiple lumbar and compression fractures of the spine. There was no question that Dr. Z was totally disabled from the practice of chiropractic and that his health was only getting worse. This was evidenced further by the fact that all of his disability carriers paid and accepted liability for his claims.

Shortly after stopping the treatment of patients, Dr. Z began working part time providing consulting services approximately 4-6 hours per week and began working part time doing billing and public relations earning $7.00 per hour. At no time did he return to the practice of chiropractic.

Despite being provided with volumes of medical documentation supporting Dr. Z’s total disability, one of Dr. Z’s disability insurance carriers decided to terminate Dr. Z’s claim for benefits after paying him for several years. The insurance company also alleged that Dr. Z committed fraud by allegedly working during the period of time which he claimed he was totally disabled and unable to treat patients. The disability carrier further claimed an overpayment of disability benefits. Dr. Z maintained that he never treated patients after he became totally disabled and that the insurance company was merely taking advantage of the fact that bad times had befallen Dr. Z.

Dr. Z retained Dell & Schaefer to represent him against his disability insurance company. Dr. Z’s attorneys, Gregory Dell and Cesar Gavidia began by sending a letter to the insurance company demanding that they recommence the payment of total disability benefits and threatening suit if benefits within a specific time frame. After several communications, the parties agreed to sit down and informally attempt to resolve the dispute through mediation prior to the commencement of a lawsuit. Although neither side conceded any arguments, the parties agreed that it was best to settle the matter as opposed to initiating a lengthy and contentious lawsuit. To this day, Dr. Z’s remaining two disability carriers have continued to pay disability benefits without interruption.

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FAQ

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

Bruce R. (Arizona)

Steve Dell has done an exceptional job with my disability application process. The firm is extremely well managed. They have acquired an incredible amount of experience over many years. I recommend them for disability insurance claims without reservation. 

Don (Florida)

I called this firm a few months ago completely disparaged due to a company cutting off disability benefits at a time that nearly caused me to lose everything.

Attorney Alex Palmera and Danielle worked hard to reach an amicable settlement and my case was settled a few months later. This is a good firm and the specific expertise in disability claims saved me countless hours of hassle at a time when an already fragile state existed.

Thank you Mr. Palamara and Danielle.

Sandra B. (Arkansas)

I have nothing but good things to say about how my buyout was handled with my disability claim. The level of professionalism was amazing. All of my questions and concerns were answered either by Danielle L. or Alex P. in such a timely manner and with such care I would recommend them in a heartbeat to anyone needing to approach their provider with buyout options.

They did a fantastic job communicating between the provider and me, always keeping my best interest at heart and always answering my many many questions. They really did take most of the stress out of this whole situation. I would give them a 10 out of 10 for every step of this crazy journey. Thank you so much for helping me through this.

Brenda R. (New York)

I needed assistance with an appeal for a LTD claim that was initially denied. Stephen understood what needed to happen to win the appeal and he did win the appeal for me.

Michael C. (Virginia)

Greg Dell and his assistant Anneli have been extremely responsive and helpful, not only our initial consultations, but in follow-ups 1 and 2 years later with the insurance company to ensure that they comply with their agreements (which they did), as well as a separate and only slightly-related inquiry about our health insurance. I always hear back from them very quickly, which is rare and greatly appreciated.

Jeff P. (Oklahoma)

After a very long and frustrating ordeal to keep my LTD payments coming I decided to seek assistance from and attorney. After much research and asking those in the legal profession Dell & Schaefer seemed to be the top choice. I reached out and Alex Palamara was the attorney assigned to my case. All I can say is the experience was outstanding. Both Alex and his Paralegal, Danielle Lauria were excellent to work with. They were very kind, concerned, understanding of my frustrations and treated me with the utmost respect. Communication was excellent with regular updates and telling me what I could expect in each stage of the process.

Alex was also very straight forward with what to expect and no pie in the sky promises or expectations were made. In the end we won our case and I believe it was solely due to their experience and knowledge of not only the laws but the insurance companies as a whole. I would highly recommend them and am very grateful for the help they afforded to me.

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