If I am already receiving long-term disability benefits, what actions can I take to help prevent denial of disability benefits?

In order to help avoid denial by a disability insurance company here are a few actions a claimant can take:

Attorneys Dell & Schaefer represent claimants with the monthly claim handling of their long-term disability insurance claim.

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There are 6 comments

  • Dean, if you are already currently on claim for disability, then the policy language that was in force at the time of your disability would be in effect throughout the life of your policy. Any subsequent changes to a disability policy by your employer at a later date would not change the language used to evaluate your claim. If you have additional questions regarding your claim/policy please feel free to contact our office to discuss same.

    Stephen JessupJun 9, 2018  #6

  • If someone is already collecting LTD via an ERISA policy, can they change the policy which in effect would deny continued benefits to that person? Is the employer beholden to the policy that was in effect when the person was working or can they change the language/policy at will?

    DeanJun 8, 2018  #5

  • Tony,

    It is not uncommon for an insurance company to stop payment while conducting a review of a claim, but the amount of time that has passed since your last paycheck is somewhat unusual. Please feel free to contact our office to discuss your case in greater detail.

    Stephen JessupSep 18, 2015  #4

  • My long-term insurance company stopped paying me at the end of July 2015. The insurance company told me that they are reviewing my claim. Can they stop paying me while reviewing my claim?
    Thank You,

    Tony

    Tony M.Sep 17, 2015  #3

  • CB,

    Thank you for your great questions. Please see our replies here and here.

    Gregory DellFeb 19, 2013  #2

  • Do insurance companies pay bonuses/commission to case managers if they can find a way to discontinue an LTD claimant’s benefits? Do you find lesser effort/scrutiny on the part of case managers after the “any occupation investigation” phase is over and the claimant’s benefits have been extended?

    CBFeb 16, 2013  #1

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   *****

Michael F.

Having had several lung surgeries including a wedge resection, lobe removal and pleurodesis as well as MAC lung disease, I was diagnosed with stage vi (end stage) COPD in October 2012. With my lung function at 23% it was becoming very difficult to manage my daily life let alone continue working in my management role at a large healthcare company. After meeting with my primary physician and my pulmonologist, it was agreed that I should stop working and submit a claim for disability. I was 52 at the time. My short term disability plan with Mutual of Omaha paid my claim for 3 months at which time it was converted to my long term disability plan with no issues. I continued to collect my LTD benefit from February 2013 until November 20th 2014 when I received a letter saying I could return to my previous position and there was nothing in my medical records to indicate disability. I was shocked to say the least, as my condition is chronic and progressive and in fact my condition had continued to decline. I didn’t know what to do and knew I did not have the knowledge or experience to appeal their decision. I was very afraid as we depended on this income to pay our bills, that’s why I held the policy for many years, to protect my family. I want to add that I applied for and was approved for Social Security disability benefits shortly after diagnosis.

I immediately started to search for attorneys that handle disability claims and found literally hundreds that handled SSDI claims, but few that handled employer/private policies. I found Dell & Schaefer and filled out their quick online form and almost immediately received a reply from Gregory Dell (yes, an actual person responded!) who let me know that he asked Rachel Alters to call me. I don’t think it was more than a half hour before I received a call from her. I immediately felt a sense of relief as she explained the process and what she would be doing for me.

From that day forward, I have been met with OUTSTANDING customer service from Rachel Alters and Kathleen Bordes. Any time I reached out with questions or concerns they were very responsive and always left me feeling satisfied that I had the best in my corner. The process took many months and a lot of leg work on Rachel and Kathleen’s part. When I was finally sent a draft of the appeal, I completely understood why it takes so long. The level of detail was unbelievable. I actually feel like I better understand my disease after reading it! The appeal was filed timely and my denial was overturned very quickly. When I learned it was overturned, I have to admit I had tears in my eyes. I want to add, that even if the appeal didn’t have the positive outcome that it did, I would feel exactly the same about the exceptional job done on my case. I’m not sure I can ever truly express how grateful I am, and how blessed I feel to have found Dell & Schaefer and especially Rachel and Kathleen!

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