• Principal Life Wrongfully Denys LTD Benefits to Truck Driver After Change of DefinitionPrincipal Life Wrongfully Denys LTD Benefits to Truck Driver After Change of Definition

Principal Life Disability Denial of Truck Driver Reversed by Washington Federal Judge

This is an interesting long term disability benefit case that was litigated in the Washington Federal Court against Principal Life insurance. As we see with a lot of ERISA disability lawsuits, the insurance company denies a claimant’s long term disability claim when the definition of disability changes from OWN OCCUPATION to ANY OCCUPATION. In this case, Principal paid benefits during the Own Occupation phase (24 months) and then cut benefits when the definition of disability changed to any occupation. This Principal disability policy had an earning qualifier definition of disability during the Any Occupation period. The policy defined any occupation as a gainful occupation that allows you to earn equal to or greater than the income you were earning while working. This is not the usual definition of any occupation, which is defined as the inability to perform any occupation for which you have experience, education or training.

In this case, Principal determined that the truck driver claimant could do several jobs in the future that would pay at least as much as he was earning. The claimant argued that the Principal must look at what he can do right now and that a disability claim is a continuous real team determination of eligibility. A Washington Federal Judge determined that Principal’s evaluation and review of the claim was unreasonable. The court reversed the claim denial.

Our disability insurance attorneys have helped hundreds of Principal Life claimants nationwide. We did not handle this claim, but we track and report on every major disability case nationwide. Contact us for a free immediate consultation with a disability attorney.

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FAQ

Do you help Principal claimants nationwide?

We represent Principal 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 Principal disability insurance policy?

Our disability insurance lawyers help policy holders seeking short or long term disability insurance benefits from Principal. 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 Principal.

How do you help Principal claimants?

Our lawyers help individuals that have either purchased a Principal 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 Principal:

  • 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   *****

Joseph R.

After collecting LTD from Prudential for about 16 months, I was cut off without warning. At the time of being cut-off, I was recovering from my 4th back surgery. I had numerous, bulging disks, nerves that were severely impinged, diskectomy from C2-C7, and active arthritis and degenerative disk disease throughout my spine. While being out of work, I also developed pulmonary fibrosis as well as COPD and have a difficult time breathing. I went through numerous sessions of physical therapy, Spinal Cortisone Injections, Trigger Point Injections, a Neurostimulator Implant, as well as a battery of strong narcotics to control the pain.

I was declared totally and permanently disabled by my neurosurgeon as well as being awarded Social Security Disability. There was no way I could work any job, let alone my previous job. After a brief talk with Alex Palamara, Dell & Schaefer offered to take my case. I was amazed at the level of personal and medical detail Alex knew about my case. Alex was able to assemble a solid appeal. I was turned down for LTD again! Alex fought even harder! After the second appeal, we were able to make Prudential “understand” my medical condition and how it affects my ability to perform work. I feel very comfortable knowing Alex and Dell & Schaefer are in my corner going forward!

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