Prudential denies and settles long-term disability claim with CPA after CPA becomes totally disabled from chronic cervical neck pain and radiculopathy

Our client, Richard, was employed as a senior accountant with a communications company. While performing work at his home one day, he fell from a ladder and severely injured his neck. His fall resulted in herniated disks in his cervical spine. His pain became chronic and he began experiencing numbness and tingling through his arms and hands. His doctors diagnosed him with herniated discs at C4-C5 and C5-C6, cervical disc degeneration, radiculopathy and vertigo. Richard underwent a two level anterior cervical discectomy with decompression and fusion, however, his pain persisted.

Soon after his surgery, Richard found himself in so much pain and discomfort that he was unable to focus on his work. Attention to detail, focus and precision were critical skills required to perform his occupation and those skills were now compromised. Even his colleagues and manager soon took notice when Richard failed to meet project deadlines and he was making obvious mistakes.

Richard soon made the difficult decision of filing a disability claim under his employer’s Prudential Short-term and Long-term Disability Plan. Following receipt of his claim, Prudential approved his short-term claim. However, soon after receiving all of his short-term disability benefits Prudential notified Richard that it did not find that he was unable to perform his occupational duties as a senior accountant. Prudential noted that since Richard had advised them that he was able to drive, take on-line classes and do some walking to remain as active as possible, that it did not find that the restrictions and limitations in regards to his upper extremity pain and weakness were supported.

Richard contacted and hired Dell & Schaefer and Cesar Gavidia to submit his administrative appeal. The appeal attacked several significant flaws in Prudential’s denial, including disputing that Richard had indeed undergone an extensive treatment work-up for his symptoms and impeaching the credibility of the medical team, which determined, despite the volume of medical evidence to the contrary, that medically reasonable restrictions would be the ability to change neck positions every thirty minutes to avoid increased muscle pain and stiffness…. Despite the volume of evidence contained in the administrative appeal, Prudential decided to uphold its decision and continue denying Richard his long-term disability benefits.

Following Prudential’s denial of Richard’s appeal, Dell & Schaefer filed suit against Prudential in federal court asserting causes of action associated with Prudential’s violation of ERISA and Richard’s denial of long-term disability benefits. Richards case was aggressively litigated and ultimately settled for a lump sum amount mutually agreeable to both parties.

Find a lot more info about Prudential claims on our main Prudential disability claims page.

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FAQ

Do you help Prudential claimants nationwide?

We represent Prudential 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 Prudential disability insurance policy?

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

How do you help Prudential claimants?

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

  • 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   *****

Tammy B.

I was referred to Dell & Schaefer, and specifically attorney Stephen Jessup, by a local lawyer in my home state of Vermont. I was advised that Dell & Schaefer would be better suited to handle my appeal for LTD with Unum insurance company. I was a little hesitant about using an out of state law firm, but I am certainly glad that I did. There was less than 60 days left for me to appeal Unum’s original denial but Steve and his aide Vanessa got to work right away on it. I was given a detailed list of items to accomplish, things I and even my doctors had not thought of.

I believe that Steve and Vanessa worked hard and fast to set up appointments for me and to amass an appeal that Unum ultimately could not deny. One very nice caveat of having Steve and Vanessa working for me was I no longer had to have any more frustrating, time consuming and energy draining dealings with Unum myself. They handled everything. I used to be upset for days after speaking to a Unum rep. As far as the not local aspect of a law firm, my worries were unfounded. I was kept up to date immediately via email and telephone and I never had the feeling that I was being ignored or that my questions were going unanswered. As busy as I’m sure my team was, in many ways I felt like I was their most important client by how good the communication was. They understood that this very long process weighed heavily on me and were optimistic and diligent on my behalf when I no longer could be.

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