Lincoln Financial Reinstates Disability Benefits Following the Submission of an Appeal for an Attorney With Wrist Injuries

Prior to filing a claim for disability, our client was a successful managing attorney at the law firm she worked for. In late 2010, she suffered a fracture of the carpal bone and a wrist dislocation that required surgery to repair. Lincoln Financial initially approved her claim and paid benefits for approximately one year. During the time she was on disability she was required to undergo surgery on her other wrist as well. In November 2011, she was notified by Lincoln that her claim was being terminated based upon Lincoln’s opinion that she should be able to perform her occupation as an attorney, which Lincoln deemed to be a “light physical capacity” occupation.

Although her job would require being able to work at a light physical demand, the true main duties of her occupation as an Attorney far exceeded the ability to simply work at a light physical level. Prior to contacting Attorneys Dell and Schaefer, she filed her first ERISA appeal in an attempt to clarify how her medical condition limited her ability to perform each of the main duties of her occupation. Upon receipt and review of the appeal, Lincoln notified her in February 2012, that they were upholding their denial of her claim based upon the review of the information contained in the claim file.

Under her policy, Lincoln allows for a second voluntary appeal. However, the time frame for submitting this second appeal was only 60 days, as opposed to the ERISA mandated 180 days for a first appeal. Not wanting to take any additional risks, she contacted Attorneys Dell and Schafer to assist her in the filing of the second appeal. Attorneys Stephen Jessup and Gregory Dell set to work quickly to obtain a copy of the claim file and to coordinate additional testing and treatment that could prove beneficial to our client’s claim. A thorough review of the claim file indicated that Lincoln was not properly classifying her pre-disability occupation, and that the review of her medical records was insufficient, incomplete and evidenced Lincoln’s attempts to cherry pick information favorable to support its position. Attorneys Jessup and Dell prepared and submitted the final ERISA appeal in advance of the shortened 60 day deadline. Based upon the information provided and argument made, Lincoln reinstated our client’s monthly benefits, and paid almost a full year of back benefits owed to our client.

If your ERISA governed disability claim has been denied by Lincoln Financial, or any other insurance carrier, or you have questions regarding your claim, please contact Attorneys Dell and Schaefer for a free consultation.

Questions About Hiring Us

Do you help Lincoln Financial claimants nationwide?

We represent Lincoln Financial 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 Lincoln Financial disability insurance policy?

Our disability insurance lawyers help policy holders seeking short or long term disability insurance benefits from Lincoln Financial. 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 Lincoln Financial.

How do you help Lincoln Financial claimants?

Our lawyers help individuals that have either purchased a Lincoln Financial 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 Lincoln Financial:

  • 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, 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.

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