Microsoft employee forced to sue Prudential for denial of ERISA disability benefits

Forced to hire a disability lawyer to represent him in United States District Court to file an ERISA lawsuit against Prudential Insurance, a Software Design Test Engineer and his attorney allege that the insurer breached its contract, violated the consumer Protection Act, acted in bad faith, and was negligent in denying him ERISA long-term disability benefits.

Johnson succumbed to a disabling illness and ceased work at Microsoft in August 2009. Diagnosed with fibromyalgia, headaches, obstructive sleep apnea, and fatigue, Johnson became disabled in that he is “unable to competitively and predictably work because he is disabled due to his medical conditions.”

Claimant Was Initially Awarded Disability Benefits

Johnson was paid short term disability benefits by Prudential until November 2009, at which time, the insurer informed him in a letter that it was terminating his disability benefits. Prudential claims that after reviewing Johnson’s medical information, the insurer determined that Johnson was “able to perform the material and substantial duties of his regular occupation.” Consequently, in April 2010, Prudential denied Johnson’s long term disability benefits. Johnson appealed the insurer’s denial, and upon reconsideration, the insurer continued to refuse to award Johnson his disability benefits. Claiming that Prudential “conducts its claim review process in a manner that results in the denial of valid claims,” didn’t consider the opinions of Johnson’s “treating and examining physicians,” and did not examine Johnson personally, Johnson’s disability attorney states that Johnson “has sustained severe economic and emotional damages” as a direct result of Prudential’s actions.

What Claimant and His Disability Attorney Want from Prudential

In their complaint, Johnson and his disability attorney allege that Prudential has not fulfilled its obligation to appropriately consider Johnson’s claim and this breach of contract has resulted in damages to Johnson. In addition, according to the complaint, the insurer has violated other duties and the law, consequently, causing Johnson great hardship and emotional turmoil. Johnson and his disability lawyer ask the Washington United States District Court to pass judgment against Prudential and award Johnson:

Comments (2)

  • Stacey,

    Please contact our office at your earliest convenience to discuss how we may be able to assist you in appealing Prudential’s denial.

    Stephen Jessup Jun 26, 2014  #2

  • Please help.

    Prudential reviewed my long term disabilty after 3 years and called and informed me I was denied even with 5 other doctors stating I needed surgery and bed rest.

    Their Dr. stated I could work as long as I was seated. They stated they assess the area I live in and there are jobs available for me. When I asked where and how to get hired with a neck injury and awaiting surgery he just said jobs are available.

    Please, I need a lawyer quick. I have 5 kids and times are really hard from being on disability. Please help.

    Stacey Rodriguez Jun 25, 2014  #1

Leave a comment or ask us a question

Questions About Hiring Us

Do you help Prudential claimants nationwide?

We represent Prudential 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 Prudential disability insurance policy?

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

How do you help Prudential claimants?

Our lawyers help individuals that have either purchased a Prudential 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 Prudential:

  • 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.

Dell & Schaefer Client 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.

***** 5 stars based on 202 reviews

Speak With An Attorney Now

Request a free legal consultation: Call 800-682-8331 or Email Us