Lincoln Financial Overturns Denial of ERISA Long Term Disability Claim for Dell & Schaefer Client, But There Is A Catch

A Client of Dell & Schaefer, Chartered was forced to file an administrative appeal after Lincoln Financial Group denied his continued claim for ERISA Long Term Disability benefits. Previously employed as a Vice President at a private liberal arts college in the northeast, our client was forced to leave work in early 2012 due to the restrictions and limitations of a multitude of conditions. His conditions include Refractory Insomnia, Occipital Neuralgia, Chronic Intractable Headaches, Chronic Migraines, Chronic Pain Syndrome, Myofascial Pain, Chondrocalcinosis, Cervicalgia, Essential Tremor, Benign Paresthesia, Numbness and Tingling in the Bilateral Upper and Lower Extremities, Neuralgia, Extreme Fatigue, Enteropathic Arthropathy, Osteoarthritis of the Bilateral Knees and Left Hip, Severe Joint Pain, Nausea and Vomiting, Dizziness, Hypogonadism, Inflammatory Bowel Disease, Metabolic Disorder, Short Term Memory Loss, Anxiety and Depression.

Even with these countless disabling conditions affecting our client and even with the overwhelming support of his treating physicians and the medical documentation, Lincoln Financial only initially paid disability benefits from June 2012 through September of 2012. After his initial denial, this client found and contacted our law firm for representation.

Dell and Schaefer Files Administrative Appeal

After gathering all the medical documentation and reviewing the claim file, Attorney Alexander Palamara of Dell & Schaefer filed an administrative appeal challenging Lincoln Financial’s decision to deny benefits beyond September 2012. The appeal was successful. Shortly after the appeal was sent to Lincoln, the insurance company sent a letter awarding disability benefits. The initial letter dated December 2, 2013 indicated that the insurance company would pay disability benefits for the first 24 months of the claim. This would mean that the client would be paid through May 24, 2014. Although a second appeal would need to be filed for the time period beyond May 24, 2014, our client was very pleased as he would be paid benefits through May 24, 2014.

Unfortunately for the client, Lincoln Financial sent a second letter dated December 9, 2013 whereby now it indicated that it only found support for impairment through August 29, 2013. Why this information was not included in the original approval/denial letter of December 2, 2013 is unknown. This information should have been included especially in light of the fact that the December 2, 2013 letter needs to be appealed.

Lincoln Fails to Return Phone Calls

After receiving the second letter indicating that benefits would only be paid through 8/29/13, numerous phone calls were placed and numerous voicemails were left to Lincoln asking for clarification as to why benefits would be denied as of that date. Senior LTD Benefit Specialist Stacy Wellman failed to ever return the calls of Dell and Schaefer. In fact, Lincoln never returned any calls. Attorney Alexander Palamara was finally able to reach someone at Lincoln on January 7, 2014. On that date, Dell and Schaefer was advised that our client’s file was again transferred to a new benefit specialist. Unfortunately for our client, this benefit specialist had just been assigned the case and was ignorant of the facts and had no idea why benefits had not been paid beyond 8/29/13.

Money Paid

The Silver Lining of this ongoing fight with Lincoln is that our client has received a sizeable back benefit check for the time period of September 2012 through the end of August 2013. This money has helped our client through these trying times of disability and dealing with Lincoln Financial. Our client can also rest assured that future benefits will be forthcoming from Lincoln for the period of August 2013 forward. Should they not be, a lawsuit will certainly be filed by Dell & Schaefer as soon as possible under the law.

If you have been denied by Liberty Financial or any other disability insurance company, or if you have facts similar to our client’s, please do not delay and please contact Attorneys Dell & Schaefer for a free consultation and review of your claim.

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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.

Dell & Schaefer Client Reviews   *****

Samir K., M.D.

I am a medical oncologist with the diagnosis of Parkinson disease for last 6 years. My disease was slowly progressing over the years, up to the point it start to affect my daily work responsibilities. I handed my case to Attorneys Dell & Schaefer. Mr. Jessup was my lawyer who took care of my case. He did an excellent job taking care of every step in the process of approving my long term disability claim with Prudential insurance company.

Based on my experience with Mr. Jessup office, I highly recommend anyone who needs help with their claim for short/long term disability to contact his office. They will do superb job taking care of all the necessary steps. Attorneys Dell & Schaefer firm are very professional. They know how to deal with the insurance company and disability issues. The team is available any time to answer questions, I cannot thank them enough for what they did for me.

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