Successful Appeal Against Prudential Gets Breast Cancer Survivor Back on Claim for LTD Benefits
Nearly ten years after initially beating breast cancer, our client was distraught to hear that she had a reoccurrence of the disease in 2015. She quickly underwent a left mastectomy, chemotherapy and radiation therapy, followed by a course of lymphedema therapy. In 2016, she had expander placement but unfortunately she suffered from a non-healing wound in her left chest from the expander that had to eventually be removed in 2017. Continued chemo treatment in 2017 and other issues left her with a severely impacted left upper extremity and peripheral neuropathy, as well as severe restrictions and limitations.
Thankfully, her employer, Saint Clare’s Health System/Catholic Health Services, provided coverage for their employees under a long term disability insurance policy with Prudential. Shortly after leaving work in February of 2015, our client made a claim for Long Term Disability (LTD) Benefits and Prudential initially agreed to award benefits which began in August of 2015. Benefits continued all the way through the end of February of 2018.
Unfortunately for our client, by way of a denial letter dated March 26, 2018, Prudential stated that based upon a review by its clinical team, it found that while she had medically supported restrictions and limitations, these would no longer preclude her from performing full time sedentary work. Knowing there was no way she could return to work of any kind due to her pain, fatigue, concentration issues, etc., our client found Dell Disability Lawyers and requested that they assist her with an appeal.
Appeal by Attorney Palamara
After receiving the denial letter, the former employee of Saint Clare’s Health System/Catholic Health Services spoke with Attorney Alexander Palamara. From the initial phone call, Attorney Palamara realized the gravity of the situation and the harm being done to the claimant. He knew that benefits needed to be reinstated as quickly as possible as they were certainly justified in this situation.
A review of the medical records and the claim file that Prudential provided confirmed the Attorney’s thoughts that this denial was flat out wrong. Prior to filing the appeal, Attorney Palamara reached out to a few of the treating providers to build an even stronger case for the appeal. Each of the providers was more than willing to give written support for this claim.
A timely appeal was filed to challenge Prudential’s denial letter. This appeal first noted that two of Prudential’s own reviewers had previously concluded that our client was completely disabled from any gainful occupation. The Appeal then heavily criticized the new reviews that Prudential was relying upon to now deny the claim. The appeal also showed that Prudential was unreasonably selecting certain medical records to support its decision while clearly ignoring objective documentation showing that her issues remained. The appeal also laid out strong support from the treating providers and overwhelming objective evidence that should not have been and could no longer be ignored.
Claim is Re-Approved
On January 4, 2019, we received word that Prudential had completed its review and decided to reinstate benefits. The re-approval was a nice holiday surprise for our client who was relieved to be back on claim. While she knows that the fight for her benefits will continue until she is able to return to work, she knows that the people at Dell Disability Lawyers will do whatever it takes to keep her on claim.
If you have been denied disability benefits by Prudential or any other disability insurance company, please do not hesitate to contact Attorney Alexander Palamara at Dell & Schafer for a free consultation.
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Policy Holder Rating
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?
Federal ERISA Lawsuit Filed Against Prudential After It Denies Long-term Disability Benefits to Insured With Parkinson's Disease
Reviews from Our Clients
Very satisfied with the work of this team. Took well care of my case and took all the necessary time to be responsive and attentive when I had questions. Guided me through recovery and returning to normalcy. All thanks to Jason & Tabitha, thank you!
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.
I have had nothing but a great experience with Dell Disability Law Firm. Mr. Alex Palamara and his team went above and beyond my expectations. They will respond to emails and phone calls in a timely manner. Thank you once again for taking my case.
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.