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 Disability Lawyers 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 Disability Lawyers 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.
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Prudential told me I would have a decision today, and now the need another week. Guess what, I'm still broke
Q: My mother paid many years for a long-term care policy. When she had to be put in an assisted care facility, Prudential won't pay. Do you accept cases like this?
Q: Can I sue my PRUDENTIAL LTD for the cost of hiring a disability attorney to get my benefits reinstated?
Q: Is it best to hire an attorney first and then file a complaint with Indiana Insurance License Board or do both? How long does it usually take to resolve a case like this?
If I File A Short Term Disability Claim With My Carrier And My Claim Is Denied, Do I Also Need To File A Separate Long Term Disability Claim?
Can the disability company limit my disability benefits to 24 months if I have been diagnosed with depression as a result of my physical disability?
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I’m extremely satisfied with the experience I have had with this firm from day one. The lawyer who has handled my case, Alex, is very efficient and attentive to all my questions and concerns. They are always aware of how my case has gone and they care about my health. I feel optimistic with them because they are very attentive during the process of my claim. I would not hesitate to recommend families and friends if in any situation they need their services. Kathleen as well has been very well and assisted me with this case. I highly appreciate everything they have done for me.
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Without them my LTD company was dropping my plan with me still suffering from my accident, even with doctor’s statements I’m still disabled. The LTD company didn’t want to advance my policy to the next stage of years of pay. Dell Disability Lawyers saved my policy, and helped to enforce the LTD company’s own policy (for its policy holder, me) that I would be covered still under the LTD policy I had paid for at my previous job, when my accident occurred. These lawyers know what they are doing and can help you too. LTD companies will try to drop you when you still need coverage just because they don’t want to pay on your policy anymore. Don’t let them break contract with ya because they are trying to get out of it. Hit em with legal action to ensure the continuation of your policy you paid for. Dell Disability worked very well for me and continue to do so.
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This law firm is the best so far. MetLife denied me two times, they appealed two times for me and they won of course. So if you are on disability and want a chance at winning your case use this firm Dell disability lawyers, kind courteous understanding and they get the job done. You won’t be disappointed.