Mutual Of Omaha Overturns Denial of Short Term Disability Benefits for Software Developer With Chronic Back Pain
Regardless of how hard a person attempts to continue working with a disability, it is an effort that gets taken advantage of by the disability insurance company. 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 chronic 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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Mutual of Omaha Reviews
(660)
Policy Holder Rating
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66%
1
33%
Timely Payments
2.4out of 5
Handling Claim
1.9out of 5
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1.8out of 5
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Showing 8 of 660 Reviews
Mutual of Omaha
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
My wife fell three years ago and broke her back. She has been found permanently disabled and receives Social Security Disability Benefits. She has also been receiving Bene... read more >
Reply
Mutual of Omaha
THEY SCAMMED ME AND DID NOT CARE
We have had life insurance with Mutual of Omaha since 1998 with a chronic illness rider that we decided to use in 2016. Our policy was for 500k, they approved us for 66,95... read more >
Mutual of Omaha
This company is awful
I think there should be laws put in to place to cover the average Joe. This company is awful. They say so much they don’t even know what lies they have told. My husband ... read more >
Mutual of Omaha
I would encourage anyone who has problems with Mutual of Omaha or United of Omaha to immediately contact an attorney.
I would encourage anyone who has problems with Mutual of Omaha or United of Omaha to immediately contact an attorney. I want to talk about a specific situation in which I ... read more >
Mutual of Omaha
MOO attempted to strong arms me with collection tactics. Now, they're stalling
I was disabled in 2009 with a multitude of medical problems. I started a process with Mutual Of Omaha Disability. After months of jumping through hoops they finally decide... read more >
Mutual of Omaha
MOO stopped my husband's benefits before telling him. They handled his claim terribly
My husband has been on claim for disability insurance since July, 2008. He was found to be able to do sedentary work but had no transferrable skills in 8/2009 and benefits... read more >
Reply
Mutual of Omaha
This company is very corrupt, Be aware
Please hesitate & educate yourself when deciding on short term or long term disability insurance via Mutual Of Omaha. The company is very corrupt. They speak to you like y... read more >
Mutual of Omaha
Mutual of Omaha is a rip off.
Mutual of Omaha is a rip off. When my husband died in 2011, they refused to pay his death benefit because they said he was disabled when I insured him. He retired from his... read more >
Answered Questions by Our Lawyers
(18)
Showing 8 of 18 Answered Questions
Q: Can I ask for another appeal?
A: Giovanna, you should consult with the attorney(s) that represented you in your appeal to the Third District Co... Read More >
Q: I'm in jeopardy of losing everything because of MOO. Can you help?
A: Amy, first and foremost, I am sorry to hear of MOO’s delay tactics and the fact that they sound like they mi... Read More >
Q: Can MOO deny my claim on the basis of preexisting condition when my condition is not preexisting?
A: Doomed, if your claim has been denied then Mutual of Omaha will give you the right to appeal. Pre-existing con... Read More >
Q: What is my "regular occupation" if I started my own business after resigning from my old job?
A: Rachel, the answer depends on when you became disabled. If you became injured after resigning from your accoun... Read More >
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?
A: Russell, whether you can work part time in a different occupation depends on the specific language of the Grou... Read More >
Q: Can I get a lump sum check from MOO?
A: Pam, Mutual of Omaha may be willing to negotiate a lump sum buyout of the remaining time on your policy, but t... Read More >
Q: Should I be able to restrict the release of medical records to under 24 months period?
A: Connie, although you could attempt to limit the medical records to be released to Mutual of Omaha, the likely ... Read More >
Q: Should I write an appeal letter? What should it include?
A: Cam, if you are still within your 180 timeline to file an appeal it is imperative that you go through the appe... Read More >
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Disability Benefit Tips
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Showing 8 of 331 Benefit Tips
What is a "Gainful Occupation" under a Disability Insurance Policy?
The overwhelming majority of employer provided group long term disability insurance policies governed by ERISA contain two definitions of disability depending on what stage your claim is in. As discussed in depth throughout our website the two definitions of disability are what are commonly known as the “Own Occupation” and “Any Occupation” definition of disability. As they imply, the former is an eval... Read More >
Can my insurance carrier deny my benefits even if there is no change in my medical condition?
Insurance companies frequently terminate long term disability benefits after paying a claim for several years, even when the claimant's condition remains the same. It would seem unfair that one's benefits can be cut off when their disabling condition has not improved or changed in any way. However, it is quite common that a person who has been on disability for several years, who has been approved for "any occ... Read More >
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When it comes to securing your disability insurance benefits, it's vitally important that your disability insurance lawyer thoroughly understands the symptoms and impact of your disabling condition. Doctors can help you create strong medical records, but they're not accustomed to dealing with the rigorous documentation disability insurance companies require. Lea... Read More >
Disability Benefit Denial Reason #5 – Your Medical Evidence is Weak
If you're seeking long term disability benefits from an insurance company, you may be concerned that you're facing an uphill battle. Fortunately, the stronger your medical evidence, the greater the odds that your claim will be approved. On the other side of the coin, one of the most common reasons for denial of long term disability benefits involves too-weak med... Read More >
Disability Benefit Denial Reason #4 - Your Doctor Is Misled By the Disability Company
When you're seeking disability insurance benefits, your medical records and treating physician's statement are two of the most important components of your claim. But because the insurance company has a vested interest in denying your disability insurance claim, it often will rely on tactics like ambushing your doctor with a phone call in an attempt to get them ... Read More >
Disability Benefit Denial Reason #3 - Video & Social Media Surveillance
One thing many disability insurance claimants don't know about (or expect) from the claims review process involves video and social media surveillance. Disability insurance carriers often hire people to follow claimants around with a telephoto lens - or even send social media friend requests from fake accounts - to glean whatever information they can about the c... Read More >
How Do You Fight a Long-Term Disability Denial?
Getting a denial letter from your disability insurance company is one of the ultimate insults. You are sick and not able to work, yet your disability insurance company is telling you to return to work. The disability insurance company has denied your disability benefit claim and is basically calling you a liar. When receiving a disability denial letter or a ph... Read More >
Disability Denial Reason #2 - Change of Disability Definition & Vocational Review
One of the top reasons for terminating a claimant's long term disability benefits involves the change in the disability insurance policy's definition of "disability." This definition change often happens in conjunction with a vocational review, or an analysis of a claimant's medical records that tells the insurance company which jobs the claimant should be able ... Read More >
Dell Disability Cases
(375)
Showing 8 of 375 Dell Disability Cases
After appeal filed by Attorney Jay Symonds, Mutual of Omaha overturned previous denial of short term disability benefits for Maine Senior Software Engineer
Our client, Mr. C, formerly worked as a Senior Software Engineer for a large computer technology company. In April 2016 a number of medical issues including, chronic pain syndrome, failed back syndrome, chronic low back pain, chronic sciatica, and severe lumbar radiculopathy forced Mr. C to stop working and submit his claim for disability benefits under his employer’s short-term disability (STD) policy, whic... Read More >
After an appeal, a former Director of Information Security, gets disability benefits approved for mental health disorder. The fight for long term disability benefits for client’s physical limitations continues
After a very long fight, a former employee of the National Student Clearinghouse is now on claim after an administrative appeal filed by Dell Disability Lawyers. Prior to filing for disability, our client was a Director of Information Security responsible for security strategy, security programs oversight, and security development for an online national student degree and enrollment verification database. Howe... Read More >
United of Omaha overturns decision to deny benefits to disabled Quality Assurance Manager after Appeal discredits its medical review and vocational assessment
In 2016, Cathy, a Quality Assurance Manager for a medical device company, sought surgery for a tear in her right rotator cuff. Cathy fully expected to heal, recover and return to work. However, disappointingly, things did not turn out quite like she expected. After continuing to experience pain, discomfort and restriction in her right shoulder range of motion, she discovered that her shoulder did not heal prop... Read More >
After appeal filed by Attorney Jay Symonds, Mutual of Omaha overturned its previous denial of short term disability benefits for Colorado Senior Manager
Our client, Ms. J, formerly worked as a Senior Manager of a treatment facility. In October 2016 a number of medical issues, including fibromyalgia, chronic pain syndrome, chronic fatigue and depression forced Ms. J to stop working and submit her claim for disability benefits, first under her employer's short-term disability (STD) policy and then continuing under its long-term disability (LTD) policy. The STD c... Read More >
Mutual of Omaha Reinstates Benefits of Business Development Manager after Appealing the Termination of Her LTD Benefits
Our Client, a successful Business Development Manager began experiencing severe physical limitations resulting from fibromyalgia, low back pain, L4-5 spondylolisthesis, L4-5 degenerative disc disease and chronic fatigue. As a result she was unable to perform with reasonable continuity at least one of the material duties of her regular occupation on a part-time or full-time basis.Denial Based Solely on Nurs... Read More >
Dell Disability Lawyers Successfully Appeals Denial of Benefits to Quality Control Inspector
Pre-disabilityBefore going on disability, Mr. M was working as a quality control inspector for Tam International. In 2009, after years of service, Mr. M sustained an injury while at work and he was forced to file a claim for disability with his employer sponsored disability plan. His claim was based on low back pain, osteoarthritis, neuralgia, radiculitis, neck pain, shoulder pain, muscle spasms, headaches... Read More >
Mutual of Omaha Approves Dell Disability Lawyers Client for Short Term Disability Benefits After Administrative Appeal
Our client previously worked as a Senior Accountant/Office Manager for Maccaferri, Inc. Due to her employment at Maccaferri, she was covered under both a Short Term Disability Insurance Policy and a Long Term Disability Insurance Policy that insured that should she become disabled she would be able to receive a percentage of her prior monthly earnings. Although that day was never expected to occur, due to seve... Read More >
Mutual Of Omaha Overturns Denial of Short Term Disability Benefits for Software Developer With Chronic Back Pain
Regardless of how hard a person attempts to continue working with a disability, it is an effort that gets taken advantage of by the disability insurance company. 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 t... Read More >
Disability Lawsuit Stories
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