• Mutual of Omaha Lawsuit Help for Disability Income Benefit Denial

Mutual of Omaha Lawsuit Help for Disability Income Benefit Denial

Receiving notice that Mutual of Omaha has denied your claim for long term disability benefits can be disheartening. You may be worried about making ends meet and wondering what to do next. Fortunately, you don’t have to go through this alone. The disability insurance attorneys at Dell & Schaefer have handled thousands of these claims and can fight for your rights under your long term disability policy. Learn more about what claimants can expect after Mutual of Omaha denies a claim for long term disability insurance benefits.

The Mutual of Omaha Denial Letter and Claim File are the Starting Point for Evaluating the Merits of a Lawsuit

The first steps your attorney will take after a disability claim is denied is to obtain and review the denial letter and order a copy of the disability claim file. Not only will this claim file include all the medical documents Mutual of Omaha has gathered (which your attorney will need to evaluate the merits of your claim), but it will also have Mutual of Omaha’s own internal reviews, which can help point claimants toward any weaknesses in their initial application for disability insurance benefits. By knowing what documents are missing from the claim file or insufficient for Mutual of Omaha’s purposes, claimants can have a far better idea of what they’ll need to show and prove to obtain approval of disability insurance benefits.

ERISA Disability Lawsuits Are Unique as All Information is Required to be in the Claim File

Many Mutual of Omaha long term disability policies are issued under the Employee Retirement Income Security Act (ERISA), a federal law that offers a number of protections for insurance companies and relatively few to claimants. When a claimant sues their insurance carrier under an ERISA policy, the claim proceeds in federal court, and the judge can only consider the information already in the claim file. This means that even if a claimant is obviously and visibly disabled, their claim is only as strong as it appears on paper, and any holes in this claim can support a denial of benefits.

Mutual of Omaha Takes a Strong Position in Supporting Their Disability Denials

Mutual of Omaha does its homework when it comes to denying long term disability benefits. The level of detail in Mutual of Omaha’s disability denial letters can be a double-edged sword when it comes to overcoming a denial based on the “arbitrary or capricious” standard ERISA claims rely on. On one hand, having a better idea of what Mutual of Omaha relied on when denying a claim can make a denial easier to rebut; but on the other, showing that a denial was arbitrary can be harder when it’s clear the claim representative put some work into the investigation.

Winning a Lawsuit Gets You Back Benefits and the Right to Have Your Claim Re-evaluated for Future Benefits

When your Mutual of Omaha long term disability claim is approved, you’ll receive benefits dating back from the time frame you should have been approved for disability benefits. But judges don’t award open-ended benefits into the future, and Mutual of Omaha may re-evaluate your claim and deny it again later if it determines you’re no longer disabled according to the terms of the policy.

A “remand” is a Scary Outcome of More than 50% of ERISA Disability Lawsuits

One possible outcome of ERISA claims is a remand, in which the judge orders Mutual of Omaha to re-review the claim file for another bite at the apple. Having a judge tell Mutual of Omaha that its initial claim review was arbitrary or capricious may seem like a victory, but can still ultimately lead to a denial if Mutual of Omaha comes up with additional grounds for denial on its second review.

Claimants can always benefit from having an attorney to guide them through this process, ensuring that the claim file is as complete as it can be before review. Get in touch with Dell & Schaefer today to set up your FREE consultation with one of our experienced disability insurance attorneys.

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Questions About Hiring Us

Do you help Mutual Of Omaha claimants nationwide?

We represent Mutual Of Omaha 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 Mutual Of Omaha disability insurance policy?

Our disability insurance lawyers help policy holders seeking short or long term disability insurance benefits from Mutual Of Omaha. 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 Mutual Of Omaha.

How do you help Mutual Of Omaha claimants?

Our lawyers help individuals that have either purchased a Mutual Of Omaha 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 Mutual Of Omaha:

  • 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.

Dell & Schaefer Client Reviews   *****

Juan C., MD

My experience with Dell & Schaefer has been excellent. Not only are the attorneys highly rated but all the associates I have been in contact with have been super, especially Mrs. DeCardenas.

They are timely, pay attention to detail, know the ins and outs of my case and are very cost effective. I recommend Mr. Gregory Dell and his associates with no reservations whatsoever. I am a doctor and Mr. Dell was able to help me deal with two different disability policies, a business overhead policy and the sale of the medical practice. I have been a client since 2007.

***** 5 stars based on 202 reviews

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