Dell Disability Lawyers Win an ERISA Appeal Following Lincoln Financial Disability Denial
After being forced to stop working as a Circuit Design Engineer on May 3, 2011 due to a multitude of severe and progressive spinal impairments including multilevel marked degenerative changes with stenosis, nerve root compression, disc disease at L4/5 and L5/S1 levels and neuropathic pain into the right lower extremity, the claimant filed an application for long term disability benefits with Lincoln Financial insurance company.
Lincoln Denies LTD Application and First Appeal
By way of a letter dated October 11, 2011, Lincoln denied any LTD benefit stating that “the medical evidence received fails to document any significant abnormal findings that would prevent you from performing the main and material duties of your sedentary occupation throughout the above Elimination Period”¦”
Shortly after this initial denial for benefits, the claimant contacted Dell Disability Lawyers for assistance with the Administrative Appeal to challenge Lincoln’s determination.
On April 6, 2012, an Administrative Appeal was timely filed. Unfortunately Lincoln also denied this appeal for long term disability benefits. In its May 21, 2012 denial letter, Lincoln stated that its decision was based on a “paper review” it had conducted by a physician who is Board Certified in Orthopedic Surgery. This “independent” surgeon apparently found that although the claimant “has had five surgical procedures on the lumbar spine,” “information in this file would not preclude claimant from being able to perform sedentary level occupation”¦”. Using this review, Lincoln Financial again found that “the medical documentation does not support that there are restrictions and limitations that would render your client unable to perform his occupation”¦”.
Lincoln Financial ERISA Appeal Submitted To Reverse Claim Denial
After the denial of the first administrative appeal, the claimant and Attorney Alexander Palamara were more determined than ever to prove to Lincoln Financial that its decision was incorrect. Left with one final appeal, both the claimant and attorney hoped to avoid the unnecessary delay that litigation would cause should Lincoln again make the incorrect determination on the client’s claim.
With additional supportive medical documentation and physician support, the second appeal strongly conveyed to Lincoln why their earlier determinations were blatantly false. After submission of the second Appeal, Lincoln finally agreed with the contentions of the client and Attorney Alexander Palamara and awarded the client Long Term Disability Benefits. Our client recently received all the past due benefits that was owed to him for the past 15 months.
Dell Disability Lawyers will continue to handle his claim on a daily basis to insure that the client remains on claim so long as he is disabled from performing his own occupation.
Should you have a similar case or if you have been denied disability benefits by Lincoln Financial, please contact us for a free consultation and review of your claim.
For more Lincol Financial disability cases, please click here.
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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.