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, which was funded and administered by Mutual of Omaha (MOO). Under his employer’s disability policies Mr. C would be considered totally disabled if he was prevented from performing the material duties of his regular job. Regular job was defined as the occupation he was routinely performing when his disability began.

MOO denied Mr. C’s claim for short term disability benefits on the basis that he allegedly did not meet the policy definition of disability. Specifically, MOO determined that “restrictions and limitations from normal job duties would not be supported based on the available medical records.” After receiving the denial, Mr. C contacted Dell & Schaefer and discussed his case with Attorney Jay Symonds. Attorney Symonds identified several significant issues in MOO’s denial letter and in the evidence it relied on and agreed to prepare and submit Mr. C’s ERISA appeal with the assistance of his appeal team.

The STD appeal addressed all of MOO’s short-comings and reasons for denial, with a special focus on the medical records on and around the date of MOO’s denial. The appeal next addressed the fact that despite overwhelming medical support from his treatment providers, MOO denied his claim based on a medical records review by a registered nurse that lacked the necessary orthopedic experience to offer an opinion as to Mr. C’s condition or functionality. What’s more, the nurse reviewer misstated and mischaracterized the relevant medical evidence and ignored critical objective testing that confirmed the severity of Mr. C’s multiple conditions. The appeal also addressed the fact that although MOO concluded that Mr. C was not disabled under the terms of the Policy, there was nothing in the claim file indicating or even suggesting that MOO conducted a vocational analysis to determine whether Mr. C’s chronic debilitating physical conditions prevented him from performing the duties of his regular job as a Senior Software Engineer, which was intellectually complex, detail oriented and physically demanding. In fact, MOO never requested or reviewed Mr. C’s actual job description.

Approximately 6 weeks later, and after reviewing the appeal and hundreds of pages of exhibits and medical records as well as the expert reports, MOO overturned its decision to terminate benefits, paid full STD back benefits. Thereafter, Attorney Symonds and his team submitted an LTD claim on behalf of Mr. C, which was approved on initial application. Attorney Symonds continues to represent our client in his LTD claim to best ensure that MOO will not terminate his benefits again. Feel free to call our disability attorneys for a free consultation on this or any matter relevant to your disability claim.

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, 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   *****

John I.

Working with Dell & Schaefer has been one of the few pleasurable experiences about the whole LTD claim and claim management process. Attorney Gregory Dell has been incredibly accessible and responsive to all questions, both complex and mundane, and has helped me to navigate the murky waters of LTD claim management. I’m fairly confident that his ideas and counsel are the key reason my claim remains in good standing after five years of processing.

***** 5 stars based on 202 reviews

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