Podiatrist receives lump-sum buyout at pre-suit mediation with long-term disability insurer

The Client, a South Florida podiatrist, retained the law firm of Attorneys Dell & Schaefer in December 2007 due to the denial of disability benefits by one of her two long-term disability insurance carriers. Beginning in 1999 the client began suffering complications from fibromyalgia, sjogren’s syndrome, carpal tunnel syndrome and chronic fatigue syndrome.

Determined to continue the practice of podiatry and not allow her disabling conditions to destroy the practice she had worked so hard to build, the client continued to treat patients, perform surgeries and work a full time work week. However, it was not long before our client was forced to reduce her working hours and as a result experienced decreased revenues, less patients and canceled appointments.

Shortly thereafter, our client applied for residual / partial disability benefits with both of her long-term disability insurance carriers. The client initially was able to prove to the carriers’ satisfaction that she had suffered a loss of income as a result of her disabling conditions and was able to begin receiving disability benefits. For approximately two years, our client received partial disability benefits from her disability carriers and maintained her diminishing practice. Shortly thereafter, one of her insurers terminated her disability benefits contending that under their calculations her gross revenues did not reflect that she was experiencing the 20% loss of income necessary under the partial disability provision of the policy. Attorneys Gregory Dell and Cesar Gavidia discussed with the client the possibility of a pre-suit mediation with the insurance carrier to attempt to resolve the disagreement and avoid a lawsuit in Federal Court. If successful the process would save considerable time and costs for both parties. At mediation, Attorneys Dell and Gavidia presented our client’s position and were able to reach a confidential lump-sum buyout agreement of the disability policy.

Approximately one year after her case with one insurance carrier was settled, the second disability insurer communicated that they were interested in a lump sum buyout of the client’s partial disability claim. After several weeks of negotiation, Attorneys Gavidia and Dell were able to successfully negotiate a lump sum buyout for the client at 74% of the policy’s present value.

Questions About Hiring Us

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   *****

Josh C.

After suffering with the symptoms of ME/CFS for nearly 3 years, I was finally diagnosed with ME/CFS in August of 2011. I filed a claim and was approved by my disability insurance carrier initially. After a little over one year of not working, I started seeing some minor improvement. I told my doctor about the improvement and my carrier took that as news that I was now ready to return to work, which was far from the truth. My doctor told me not to go back to work yet, knowing it would only set me back and reverse my progress. My insurance carrier did not care and they made me attempt work. If I didn’t follow their rules they were going to drop me. I had no idea what to do or what my rights were in my disability contract. I called Greg Dell.

Greg gave me great advice. He spent a great deal of time on the phone with me answering all my questions, explaining all my options and recommending the best course of action. He was able to explain things to them that just made sense. I have been working with him for well over a year. He could articulate what I and my doctors were saying that I was not able to on my own. Anyone with ME/CFS knows how incredibly hard and difficult it is to try and explain your symptoms and limitations to someone.

Greg actually gets it and is who you want in your corner when you’re dealing with an insurance company that is not your friend. Greg was able to get me back on total disability with no work requirement. Unfortunately the work I had to do for those months in between did set me way back in my recovery, but that only makes me wish I had gone with Greg from the get go instead of waiting for a crisis that could have been prevented.

***** 5 stars based on 202 reviews

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