Liberty Mutual Overturns Disability Denial to Truck Driver With Chronic Low Back Pain
Prior to submitting a claim for disability insurance benefits to Liberty Mutual, our client had been a long haul truck driver for many years. Over the years the hours of prolonged sitting and repeated physical activity necessary to performing her job started to take a physical toll on her body. She developed severe chronic lower back pain with associated radiating pain and numbness into her legs. Eventually the pain and discomfort was physically too much to bear and given the nature of her job as a truck driver she posed a risk not only to herself while driving an 18 wheeler, but also to the people she shared the road with.
Faced with a difficult decision, she applied for short term disability benefits. Liberty Mutual initially approved her claim for short term disability benefits, but within a few months denied her claim, stating that “there was no objective evidence of functional restrictions and limitations severe enough to prevent her from returning to work as a truck driver”. She immediately appealed this decision on her own. After filing the appeal she contacted Dell Disability Lawyers. Due to the time that had elapsed since the filing of the appeal and the associated deadlines for Liberty Mutual to render a decision, there was little that could be done at that point. Attorney Stephen Jessup advised her to immediately apply for Long Term Disability benefits as a way to potentially preserve the possibility of another appeal. Shortly after she applied for long term disability benefits, she received a second denial of her claim for short term disability benefits, and a denial of her application for long term disability benefits.
With the second and final denial of her claim for short term disability benefits, she exhausted all of her administrative remedies under the short term disability plan and her only option left was to file a lawsuit in an attempt to secure her short term disability benefits. However, due to the denial of her claim for long term disability benefits, she still had the right to file an ERISA administrative appeal as to the LTD decision. Attorney Jessup knew that the largest obstacle in submitting the appeal of the denial of long term disability benefits was the fact that her claim for short term disability benefits was denied, and that the short term disability benefits coincided with the elimination period for the long term disability policy. In essence, with the denial of short term disability benefits there had already been a de facto determination that she was not disabled through the elimination period as required by the long term disability policy.
Attorney Jessup secured the claim files for both the short and long term disability claims in order to evaluate and analyze the information that Liberty Mutual utilized to render its adverse decisions. Our client was sent for additional medical testing that would strengthen her claim and provide evidence of functional restrictions and limitations that Liberty Mutual claimed was lacking. Coordinated efforts were undertaken with her treatment providers to consolidate medical information and opinions into focused, detailed reports and opinion letters. After all of the information had been compiled, Attorney Jessup submitted her appeal in advance of the 180 deadline.
Based upon the overwhelming medical evidence in support of disability provided in the appeal, Liberty Mutual overturned its denial of her claim for long term disability benefits, reinstated her claim and forwarded all benefits owed. Attorney Jessup is now currently working on securing the outstanding short term disability benefits still owed to our client.
An ERISA administrative appeal of a long term disability denial must be skillfully drafted and organized in order to have any chance of success. Before filing an administrative appeal of an insurance company denial of benefits one should consult with an attorney to ensure they are protecting their rights. For a free consultation to see how we may be able to assist you with your claim please contact us.
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Gregory Dell and Stephen Jessup discuss their experience in handling Liberty Mutual claims at all stages
After it had previously overturned a denial after an initial Dell Disability Lawyers Appeal, Liberty denied our client's claim again. After a new appeal, Liberty has now agreed to reinstate our client yet again.
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Very satisfied with the work of this team. Took well care of my case and took all the necessary time to be responsive and attentive when I had questions. Guided me through recovery and returning to normalcy. All thanks to Jason & Tabitha, thank you!
I’m extremely satisfied with the experience I have had with this firm from day one. The lawyer who has handled my case, Alex, is very efficient and attentive to all my questions and concerns. They are always aware of how my case has gone and they care about my health. I feel optimistic with them because they are very attentive during the process of my claim. I would not hesitate to recommend families and friends if in any situation they need their services. Kathleen as well has been very well and assisted me with this case. I highly appreciate everything they have done for me.
It’s unfortunate when disability insurance companies come after older disabled policyholders just to help their bottom line. It can be a living nightmare the damage they can do to a family. Dell Disability Lawyers are polite, understanding and knowledgeable. They call you back and answer any question you have no matter how unimportant it can be. The amount of stress they took off of myself and family was incalculable. I recommend them highly to take care of any disability case whether it be filing for benefits or reversing a claim decision. They are outstanding.
I could not have been happier or more appreciative of the hard work they performed on my behalf. I was well briefed on my case and it was closed in a timely manner with a financially successful resolution.
Mr. Symonds and Sonia as well as everyone else we have worked with throughout this process have been very helpful, professional and caring to our situation. We are very thankful to have this great team on our side.
Without them my LTD company was dropping my plan with me still suffering from my accident, even with doctor’s statements I’m still disabled. The LTD company didn’t want to advance my policy to the next stage of years of pay. Dell Disability Lawyers saved my policy, and helped to enforce the LTD company’s own policy (for its policy holder, me) that I would be covered still under the LTD policy I had paid for at my previous job, when my accident occurred. These lawyers know what they are doing and can help you too. LTD companies will try to drop you when you still need coverage just because they don’t want to pay on your policy anymore. Don’t let them break contract with ya because they are trying to get out of it. Hit em with legal action to ensure the continuation of your policy you paid for. Dell Disability worked very well for me and continue to do so.
I was denied long term disability benefits from The Hartford after being on it for years. I found Dell Disability Lawyers after doing research online. In a matter of days they responded and explained to me everything that would be done. Dell Disability Lawyers were able to settle my suit against The Hartford very quickly and responded to me quickly. I would definitely recommend this team of lawyers for anyone that is fighting for their disability insurance.
I have had nothing but a great experience with Dell Disability Law Firm. Mr. Alex Palamara and his team went above and beyond my expectations. They will respond to emails and phone calls in a timely manner. Thank you once again for taking my case.
This law firm is the best so far. MetLife denied me two times, they appealed two times for me and they won of course. So if you are on disability and want a chance at winning your case use this firm Dell disability lawyers, kind courteous understanding and they get the job done. You won’t be disappointed.