Long Term Disability Attorneys 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 Attorneys Dell and Schaefer 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.

Attorneys Dell and Schaefer 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.

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FAQ

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, 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 F.

Dell & Schaefer has been great to work with and very responsive to my needs. After I was diagnosed with an incurable chronic health disorder (Meniere’s Disease) which rendered me unable to work, I had applied for long term disability after working with the same company for 36 years. The insurance carrier was great to work with until my short term disability had expired. After over a month without any income, no communication; except to contact me to question me about my job performance, I started to pressure them to take action on my long term disability application.

They told me that it would be another month before they could get back to me. At this point I felt the situation was hopeless. I contacted Dell & Schaefer, they immediately responded and quickly contacted the insurance carrier via letter. Two weeks later I was approved. I have had excellent experience with the firm. They keep me informed and always respond in a timely manner. They are proactive and provide great support when I need to respond to any requests from my insurance carrier.

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