Prudential denies long-term disability benefits to a breast cancer survivor and Attorneys Dell & Schaefer file appeal challenging denial

Our client, a breast cancer survivor, was a senior property manager for a large property management company for nearly fifteen years. As a senior property manager, our client was responsible for planning, controlling and directing the day to day operation of multiple properties. Year after year she received numerous recognitions for the quality of her work.

Like many breast cancer survivors, our client experienced cognitive difficulties, commonly referred to as “chemo-brain,” following treatment with chemotherapy and the medication, Tamoxifen. She experienced problems remembering things, focusing, multi-tasking, as well as problems with being able to analyze information in a logical manner. These deficits in her thinking made it impossible for her to continue to perform her job, and in turn she filed for long term disability income benefits with Prudential.

Prudential quickly questioned the severity of cognitive problems our client was experiencing. In an attempt to provide medical proof of these cognitive problems, our client underwent neuropsychological testing. Test results from her treating doctor revealed severe deficits in her cognitive functioning. However, Prudential remained adversarial and ordered our client to undergo an Independent Medical Examination (IME) with a neuropsychologist they hired to perform another neuropsychological examination. The test results remained consistent with the first, but Prudential’s doctor raised allegations that our client was exaggerating and not putting forth maximal effort in taking the exam. Prudential then had our client’s complete file reviewed by another hired neuropsychologist. This doctor’s opinion more or less accused our client of faking. Based upon the reports of their hired doctors, Prudential immediately denied our client’s claim for long term disability income benefits.

On her own, our client filed an appeal with Prudential, which was denied. At that point she contacted Attorneys Dell and Schaefer to represent her with the fling of a second appeal. Dell and Schaefer worked closely with our client and her treating physicians to prepare the final appeal for long term disability benefits with Prudential. Dell and Schaefer heavily researched our client’s condition; only to find out that, although medical science clearly recognizes “chemo-brain,” very little is actually known. Our client underwent another neuropsychological evaluation which again showed severe deficits in cognitive thinking. A three pronged attack to Prudential’s denial of benefits was launched utilizing medical research on “chemo-brain,” objective medical evidence found in the neuropsychological testing results, and the medical records of our client’s treating physician.

Attorney Stephen Jessup of Dell and Schaefer recently filed the appeal with Prudential, and we are currently awaiting Prudential’s final claim decision. In the event of a claim denial a lawsuit will be filed against Prudential in Federal Court. While the final outcome is still unknown, one thing remains very clear: with the seemingly ever increasing rates of cancer reported each year, it is to be expected that many more people will face the same cognitive problems as our client, and quite possibly the same response from their long term disability insurance carrier.

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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   *****

Gail T.

I contacted Dell & Schaefer after my insurance provider stated that they were coming to visit me at my home to see how I was doing. I was so worried about what this meant after being on claim with them for three years. I always felt like I was always waiting for the other shoe to drop with them after going through a very stressful claim application process. Gregory Dell promptly jumped in and got to work at creating a solution to streamline and ensure my claim was not in jeopardy.

The staff has worked with me every step of the way to make sure that the process of receiving my benefits is a positive one for me. I no longer dread dealing with my insurance claim representative as they handle everything for me. They clarified that I could also apply for SSDI and with their help I started receiving SSDI benefits within months. This firm has been a great advocate for me and I highly recommend them.

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