Liberty Mutual reverses decision to terminate disability benefits

Attorneys Dell & Schaefer win a long-term disability appeal on behalf of a psychologist whose disability benefits were denied by Liberty Mutual. Our client’s benefits were re-instated and she will now receive several hundred thousands of dollars throughout her lifetime.

Our client was a successful psychologist who became disabled from her occupation as a result of a diagnosis of hepatitis C in 2007. Treatment for her condition lasted from April 2007 to March 2008 and included the administering of a powerful combination of Interferon, Ribavirin and an experimental Protease Inhibitor. During treatment she began to notice increased cognitive difficulties associated with the medication used in her treatment, and began to suffer from depression as a result of her inability to work. While undergoing treatment it was clear to Liberty Mutual that she was unable to perform the material and substantial duties of her occupation, and benefits were initially approved in 2007

Liberty Mutual continued to administer monthly benefit checks for approximately two years, when in June of 2009 they terminated her claim for long term disability benefits. Liberty Mutual based its determination to deny benefits on the fact that her blood work no longer showed any evidence of hepatitis C. Despite continued symptoms of depression and cognitive difficulties, Liberty Mutual denied the claim and stated that there was no evidence of any mental health condition or cognitive impairment contained in her medical records. Liberty gave our client 180 days to appeal the denial.

In preparing to appeal Liberty Mutual’s decision, attorneys Gregory Dell and Stephen Jessup reviewed all of the medical documentation contained in her file and in Liberty’s Claim File. This included the medical reports of Liberty’s “independent” doctor. Upon review of these documents it was clear that neither Liberty Mutual nor its independent doctor was properly reviewing her ability to perform her occupation, or what her occupation actually entailed. Upon recommendation from attorney Dell, she underwent neuropsychological testing with a neuropsychologist who specialized in cognitive impairments resulting from chronic autoimmune disorders. Test results clearly indicated that she was suffering from severe cognitive impairments, secondary to the medication used in the treatment for her hepatitis C. Armed with this piece of objective medical evidence and the support of her treating physicians, attorneys Dell and Jessup filed her appeal.

Confronted with medical documentation, which clearly established that all of the arguments in Liberty Mutual’s June 2009, denial letter were inaccurate, Liberty Mutual overturned its termination of benefits, paying all back benefits and reinstating her claim for benefits going forward.

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FAQ

Do you help Liberty Mutual claimants nationwide?

We represent Liberty Mutual 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 Liberty Mutual disability insurance policy?

Our disability insurance lawyers help policy holders seeking short or long term disability insurance benefits from Liberty Mutual. 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 Liberty Mutual.

How do you help Liberty Mutual claimants?

Our lawyers help individuals that have either purchased a Liberty Mutual 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 Liberty Mutual:

  • 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   *****

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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