Mutual Of Omaha Overturns Denial of Short Term Disability Benefits for Software Developer
Prior to filing for disability insurance benefits under her employer provided Short Term Disability Policy administered by Mutual of Omaha, our client was a successful Software Developer with a history of chronic back pain and prior surgery. She was the prototypical successful, highly motivated, driven worker who selflessly threw herself head first into her work. Although it was a labor, it was truly a labor of love as evidenced by the fact that following a back surgery she did everything in her power to return to work as soon as possible. For over three years, despite continued pain and medical treatment to include blocks, injections, and spinal cord stimulators on account of her diagnosis of post laminectomy syndrome and radiculopathy she found a way to physically will herself to work. However, with time, the demands of her job and her deteriorating physical condition began to finally take a toll on her physically, mentally and emotionally.
Application, Denial and Outrage
Coming to the realization that she could no longer work at the level the she demanded of herself, she made the very personal and difficult decision to file for short term disability benefits with Mutual of Omaha. Believing that Mutual of Omaha would do the right thing and approve her benefits, our client was taken aback when less than a month after filing her claim she received a letter from Mutual of Omaha denying her claim. At that time she contacted Dell Disability Lawyers to assist her in filing her administrative appeal of the disability denial and spoke with Attorney Stephen Jessup.
The Denial Letter From Mutual of Omaha
Attorney Jessup reviewed the denial letter and was again confronted with the unfortunately all too common insurance industry tactic to minimize the occupational duties of one’s “Own Occupation” as nothing more than the physical demand associated to it by the Department of Labor. In our client’s case, Mutual of Omaha’s denial of benefits amounted to nothing more than, “We think you can do sedentary work.” If only making a living as a Software Developer was as easy as the ability to lift 10lbs occasionally, sitting most of the time and exerting a negligible amount of force frequently!
The Appeal of Mutual Of Omaha’s Disability Denial
Attorney Jessup set out quickly to obtain a complete copy of our client’s claim file from Mutual of Omaha and began to gather our client’s medical records, which proved to be a multi-year saga of our client attempting nearly every medical remedy in hopes of finding relief for her pain. Review of the claim file indicated that Mutual of Omaha’s medical review amounted to focusing on four medical appointments over the course of a month with one of her treating physicians. From these four appointments, Mutual of Omaha cherry picked the snippets of information that were in line with its agenda to deny the claim, and discarded the rest. Attorney Jessup was quick to dissect Mutual of Omaha’s medical review, discrediting same, and highlighting our client’s medical history in an over 20 page medical review analysis.
Understanding that it was crucial to not only elaborate the true occupational duties of our client’s occupation, but also to undermine the assertion our client could perform sedentary work, Attorney Jessup coordinated functional testing to document our client’s residual physical abilities to work, as well as created fact specific questionnaires for her doctors to complete that would not only invalidate Mutual of Omaha’s positions, but also position our client’s claim for future security.
The Victory Against Mutual of Omaha
After all medical and non-medical was compiled, Attorney Jessup submitted a 32 page appeal letter to Mutual of Omaha systematically undermining each of Mutual of Omaha’s flawed assertions. Upon receipt of the appeal and not willing to give up easily, Mutual of Omaha requested that our client submit to an independent medical examination. Although Mutual of Omaha would not release the results of same, it was clear that in light of her extensive medical history and the information provided in support of her Appeal, Mutual of Omaha knew it had no choice but to overturn it’s decision to deny benefits, reinstate same and begin an immediate review of entitlement for long term disability benefits. Our law firm will continue to represent our client throughout the LTD stage and until she is no longer eligible for benefits.
Has your claim been wrongfully denied?
One of the most common times for a claim denial is upon application for benefits. If you are considering filing for benefits, or your application for same has been denied, please feel free to call Dell Disability Lawyers for a free consultation to determine how we may be able to assist you.
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Policy Holder Rating
I do not understand how a “medical review team” who has never laid eyes on my wife can say she is able to return to work when her doctors who see her on a regular basis have documented that she can't
I would encourage anyone who has problems with Mutual of Omaha or United of Omaha to immediately contact an attorney.
Q: Can MOO deny my claim on the basis of preexisting condition when my condition is not preexisting?
Q: Am I able to work part time at a different job that is nothing like the one I was at when I was injured?
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Reviews from Our Clients
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.