Federal Insurance Company and former postal worker reach confidential settlement regarding lump-sum disability policy

Our client was a former United States postal worker who became disabled due to a back injury he sustained in an automobile accident in 2003. Several years before the accident, he purchased a disability insurance policy offered by his credit card company, which provided a lump sum payment in the amount of one million dollars if he became permanently disabled. The disability insurance policy was administered and funded by Federal Insurance Company. Following the accident he was in and out of work for approximately ten months. Upon returning to work he aggravated his back, and was forced to miss additional work. Despite his best attempts to return to work he was ultimately forced to cease working in October of 2004. At that time he filed for Social Security disability benefits, which were ultimately awarded in June of 2005.

In October 2005, following the award of Social Security benefits he contacted his insurance company to request an application for disability benefits. He ultimately submitted the forms in early 2007. For the next two years the insurance company sent multiple requests for information, and eventually denied the claim in early 2009 claiming that our client was not permanently disabled. In mid 2009, he contacted Dell and Schaefer to bring suit on his behalf.

Review of the Policy’s Notice of Claim and Proof of Loss provisions raised concern as to whether the late notice would jeopardize his claim. Additionally, the language in the Policy was ambiguous as to our client’s entitlement to benefits. Ambiguity in an insurance policy is generally interpreted in a light most favorable to the insured. Attorneys Gregory Dell and Stephen Jessup gathered our client’s medical, employment, Social Security, and VA records, and after lengthy research and analysis filed lawsuit in federal court in November 2009. For the following three months attorneys Dell and Jessup filed and responded to motions to prevent the case from potentially being dismissed. Prior to trial the case went to mediation where a confidential settlement was reached.

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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.

Dell & Schaefer Client Reviews   *****

Ken A. DC

First of all, may I say this: if you are a professional and find yourself in the unfortunate position of having to file a claim against your disability carrier – do not try this on your own! HIRE A PROFESSIONAL! This was advice that I was given and I am very great full I was smart enough and followed it. Your next decision is whether to hire a ‘disability claims consultant’ or an attorney which specializes in professional disability claims. I decided upon the later. The reason being an attorney has ‘power’ and ‘authority’ and actually ‘represents you’. He/she has authority (power of attorney) to actually communicate with your insurance company and do ‘Whatever It Takes’.

A disability claims consultant does exactly that… they ‘consult’ with ‘you’ (not the insurance company) and make recommendations… they tell you what to do. Mr. Dell actually told my insurance company that my claim was legitimate and justified and that they were simply going to pay my claim.

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