Prudential overturned previous denial of long term disability benefits for Oregon Software Engineer
Our client, Mr. B, formerly worked as a Software Engineer for an International Software Corporation. In November 2014 a number of issues including chronic bipolar disorder, schizoaffective disorder, short term memory loss, and obstructive sleep apnea forced Mr. B to stop working and submit his claim for disability benefits first under his employer’s self-funded short term disability (“STD”) plan administered by Prudential then continuing under his employer’s Long-Term Disability (“LTD”) Policy administered and funded by Prudential. Under both of his employer’s disability policies Mr. B would be considered totally disabled if he was unable to perform the material and substantial duties of his regular occupation, which was defined as the occupation he was routinely performing when his disability began.
After paying Mr. B for more than 7 months under the LTD Policy, Prudential denied further LTD benefits on the basis that he allegedly no longer met the policy definition of disability. Specifically, Prudential determined that Mr. B “had not provided sufficient proof to establish that he was unable to perform his regular occupation.” After receiving the denial, Mr. B contacted Dell Disability Lawyers and discussed his case with Attorney Jay Symonds. Attorney Symonds identified several significant issues in Prudential’s denial letter and in the evidence it relied on and agreed to prepare and submit Mr. B’s ERISA appeal with the assistance of his appeal team.
The LTD appeal addressed all of Prudential’s short-comings and reasons for denial, with a special focus on the medical records on and around the date of Prudential’s denial. The appeal next addressed the fact at the time Prudential discontinued benefits effective January 2016 there was more than sufficient medical evidence contained in the claim file and submitted by Mr. B’s physicians to support his ongoing claim for benefits due to his diagnosed condition(s) of chronic obstructive sleep apnea/narcolepsy. The medical records submitted clearly establish that Mr. B was under the regular care and treatment of a Board Certified Neurologist for chronic sleep apnea/narcolepsy since 2009. And those records clearly establish that Mr. B suffered a myriad of symptoms associated with his conditions. What’s more, although required for a full, fair and thorough review of Mr. B’s claim, neither the claims examiner nor the medical consultant conducted or provided a detailed assessment of the available medical records, especially those around the time Prudential denied Mr. B’s claim. The claim file also confirmed that no attempt was made by Prudential to contact Mr. B’s treatment providers to determine the nature and extent of his restrictions and limitations. And finally, the claim file confirms that Prudential failed to consider a fully supportive and comprehensive Neuropsychological Evaluation conducted on Mr. B just months before the denial.
Nearly four months later, and after reviewing the appeal and hundreds of pages of exhibits and medical records as well as the expert reports, Prudential overturned its decision to terminate benefits, paid full LTD back benefits and reinstated Ms. B’s LTD claim. Attorney Symonds continues to represent our client to best ensure that Prudential will not terminate his benefits again. Feel free to call our disability attorneys for a free consultation on this or any matter relevant to your disability claim.
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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
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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.
It’s unfortunate when disability insurance companies come after older disabled policyholders just to help their bottom line. It can be a living nightmare the damage they can do to a family. Dell Disability Lawyers are polite, understanding and knowledgeable. They call you back and answer any question you have no matter how unimportant it can be. The amount of stress they took off of myself and family was incalculable. I recommend them highly to take care of any disability case whether it be filing for benefits or reversing a claim decision. They are outstanding.
I could not have been happier or more appreciative of the hard work they performed on my behalf. I was well briefed on my case and it was closed in a timely manner with a financially successful resolution.
Mr. Symonds and Sonia as well as everyone else we have worked with throughout this process have been very helpful, professional and caring to our situation. We are very thankful to have this great team on our side.
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.
I was denied long term disability benefits from The Hartford after being on it for years. I found Dell Disability Lawyers after doing research online. In a matter of days they responded and explained to me everything that would be done. Dell Disability Lawyers were able to settle my suit against The Hartford very quickly and responded to me quickly. I would definitely recommend this team of lawyers for anyone that is fighting for their disability insurance.
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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.