How We Help To Appeal Your Prudential Disability Denial

Let’s discuss how you can win your Prudential Disability Appeal. Prudential disability denials are usually unreasonable and with preparation of a strong appeal package you can get your benefits paid. There is only one chance to submit a Prudential appeal and it must be drafted strategically in order to win your disability benefits. Our disability insurance lawyers have reviewed thousands of Prudential short and long term disability denials on behalf of claimants nationwide and we are available now to provide you with a free phone consultation with one of our attorneys. We have seen every type of Prudential disability denial and we know exactly what is required in order to give you the best chance to win your Prudential disability benefit appeal.

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Our Lawyers Respond Today

We want you to become educated about the Prudential appeal process and learn how our law firm can help give you the best chance to win your Prudential disability appeal. In our Prudential Disability Appeal Tips video attorneys Gregory Dell and Alex Palamara discuss the following: 

  • What is your first step to appealing a Prudential denial?
  • Why is it important to consult with an attorney as part of filing your disability appeal to Prudential?
  • How can we help prepare a strong appeal package to Prudential? 
  • Why are custom attending physician statements essential?
  • Why is it important for you to submit a strong appeal package to Prudential?
  • Should you submit additional occupational evidence for your Prudential appeal? 
  • Does Prudential allow a second appeal if your first appeal is denied?

How Can You Win Your Prudential Disability Appeal?

With strategy, collaboration and execution you can get your Prudential disability claim approved. Every Prudential disability benefit denial is unique because everyone has different medical conditions that prevent them from working, the definition of disability is different in most Prudential disability policies, and lastly your prior work experience and education will have a big impact on the ability to perform any job. Our law firm’s history of winning disability appeals comes from working very closely and strategically with you, your treating doctors, and vocational consultants. We take a custom approach to how we handle every appeal and we look forward to discussing your Prudential disability denial with you. As you begin the process to get your Prudential disability denial reversed we encourage you to watch our How to Win Your Disability Benefit Appeal video below.

Most Prudential disability benefit denials are because Prudential has determined that you do not have sufficient medical limitations which prevent you from working in a specific occupation or any occupation. While Prudential may first notify you of a disability denial via telephone, the basis for Prudential’s denial is required to be included in their denial letter and the documents supporting the disability denial must be contained in the claim file. In your Prudential denial letter, Prudential gives you the right to request a complete copy of your claim file and that is the first step we take. 

Why is Prudential Required To Send You All Information Used To Deny Your Disability Claim?

ERISA regulations require Prudential to prepare and send your claim file within 30 days of a written request. We draft a very specific request for the claim file so that Prudential cannot hide any documents or information that we think can help to win your appeal. The claim file is supposed to include all information relied upon to deny your disability benefits, which would include medical records, financial records, internal emails, memos and notes, your disability plan documents, video surveillance and any medical reviews and vocational reviews conducted by Prudential. 

The Prudential claim files are often intentionally disorganized and require legal experience in order to know what information in the claim file is relevant to preparing a strong Appeal. We always request the claim file for our clients and upon receipt we immediately organize and analyze all information so that we can prepare a plan of attack that puts our client in the best position to have their short term or long term disability benefits reinstated.


There is only one chance to submit a Prudential appeal and it must be drafted strategically.


How Does A Plan of Attack Help You Win a Prudential Disability Appeal?

After our lawyers complete a full review of your Prudential claim file and review all of your up to date medical records, we formulate a plan of attack that we believe must be followed in preparation of your Prudential appeal. Every plan is focused on determining what additional medical documentation and support we can obtain to prove your disability. You only have 180 days from your date of benefit denial to submit an appeal so it’s important to act quickly in order to submit a timely appeal package. 180 days may seem like a lot of time, but you really want to have as much time as possible so that you can obtain as much additional medical and occupational support as possible. It’s not easy to get in quickly for doctor appointments and it takes time for doctors to complete documentation on your behalf.

We Help You Prove That Prudential’s Doctors Are Wrong

Prudential will commonly deny a long term disability claim and claim that you have insufficient medical documentation and/or support from your doctor. Prudential usually relies on their own employed doctors or nurses to deny your disability claim. Regardless of what your doctors may have concluded, Prudential will almost always favor the opinions of their own doctors over yours.  If not, your disability claim would not have been denied. The way to overcome this inherent bias is to present strong medical evidence in support of disability that no reasonable person could disagree with. 

As a practical matter, Doctors don’t like dealing with insurance companies, and while they want to help you they get frustrated. Your doctors document your medical records for the purposes of treating you and not for an insurance company review. As a result, most doctors do not document all of your limitations and complaints for purposes of a disability claim. Through our experience in helping thousands of disability claimants we educate your doctors about your disability insurance policy language and work with your doctors to document your medical conditions appropriately.


Obtaining strong written support from all of your treating doctors is usually the most challenging aspect of preparing a Prudential Disability Appeal.


Custom Attending Physician Statements Are Essential

Our job during the appeal process is to work with you and your treating doctors to obtain medical evidence that rebuts Prudential’s doctors (or hired doctors) written opinions. The attending physician statements created by Prudential and previously completed by your treating doctors are generic and intentionally designed by Prudential to offer limited support for your claim.

In every appeal we handle, we draft custom attending physician statements for completion by your doctors. Our physician statements are specific to your Prudential Long Term disability policy definition of disability and your specific medical condition(s). With every type of medical condition we know the exact information Prudential and their doctors are seeking as evidence of disability. If you have more than one condition that may impact your ability to work, and are treating with more than one physician we will reach out to all relevant treating doctors.

In addition to a custom physician statement we may suggest additional diagnostic testing or medical consultations with different medical specialists if we believe it will help bolster your claim. In some appeals, we will have you undergo a Functional Capacity Exam (FCE) or an Independent Medical Exam (IME). The results of an FCE are shared with your treating doctors as they can provide strong support for your functional limitations. We may also submit medical literature from leading medical publications which support your symptoms, limitations and potential risks associated with your condition.

Prudential Appeal Success Story

Our client worked as a Research Epidemiologist but was forced to file for disability after suffering from a diagnosis of chronic fatigue. Prudential reviewed her claim and determined the medical evidence did not support disability benefits. This is a very common disability denial reason.  Attorneys Gregory Dell and Rachel Alters discuss how a strong appeal was prepared and submitted to Prudential, resulting in a reversal of the decision to deny disability benefits.

Why Must Your Appeal Contain Strong Occupational Evidence?

In most Prudential disability denials, Prudential will argue that if you can sit in a chair for 6 hours a day then you should be able to work. This is obviously a ridiculous conclusion , but you must submit occupational evidence that any job requires more than just an ability to sit. Prudential’s denial letters will usually misrepresent your job duties or list other jobs they think you can perform for 40 hours a week. Depending upon the applicable definition of “disability” at the time you become disabled, it is critical to review how Prudential has determined the duties of a job they say you can perform. 

The occupational evidence that must be presented in your appeal will depend upon whether your definition of “disability” is either the inability to perform your “Own occupation” or the inability to perform “Any Gainful Occupation”. Own Occupation and Any Gainful Occupation are defined terms in your Prudential disability policy. In most Prudential disability policies the definition of disability is Own Occupation for the first 24 months and then it switches to the more difficult definition of Any Gainful Occupation. Most Prudential disability denials happen either at the inception of a disability claim or when the definition of disability changes at the 24 month mark. 

How Does Prudential Determine The Duties of an Occupation?

Prudential will rely on their own vocational consultant to determine how either your job is performed in the national economy or how any other job is performed in the national economy. This means that Prudential ignores the way you actually performed your job for your employer and randomly determines how your job is performed nationally. Prudential will also come up with their own opinions about how any job is performed regardless of who the employer may be. 

To rebut Prudential’s unreasonable occupational assessments, we regularly work with vocational experts in order to clearly define the duties of a specific job and the physical requirements to perform, and sustain, a specific job for 40 hours a week on a consistent basis. A vocational expert will prepare a detailed report which reviews the duties of all jobs suggested by Prudential, review your medical records, review your restrictions and limitations, and explain why you are unable to perform the job duties suggested by Prudential. If necessary, the vocational expert may also perform a labor market analysis discussing the availability and salaries of specific jobs. 

In many denial letters, Prudential will come up with jobs that are not available in your area and that make these job suggestions unreasonable. As additional occupational evidence we may also submit employer statements from your co-workers, your job description, a personal statement from you about a typical day at the job, industry reports, and samples of work product produced in your job. 

We provide a lot of detail in our Appeals to explain why you cannot perform the specific job duties of either your job or any job. Depending upon your definition of disability when you are denied, we also present evidence in our Appeals that can get you approved for benefits if your definition of disability will change at the 24 month mark. We don’t want you to win an Own Occupation appeal only to be denied again because you don’t qualify under the Any Occupation definition of disability.

Prudential Appeal Success Story

In a Prudential disability denial appeal,  we had the pleasure to represent an  Operations Planner who became disabled due to Anxiety and Osteoarthritis. Based on Prudential’s own medical review, Prudential determined that our client was not entitled to disability benefits. It was ridiculous that Prudential determined that our client could work. After preparing and submitting an appeal, Prudential reversed the decision on appeal and approved the claim. Attorneys Gregory Dell and Alex Palamara have prepared a video discussing the strategies that were used to get our client’s Prudential long term disability benefits paid.

How Courts Review Prudential Disability Appeals

This paragraph may contain some technical legal information and we will try to make it as simple as possible. 95% of Prudential appeals are governed by a law called ERISA and you must understand ERISA laws in order to prepare and write a strategic appeal. There is only one chance to submit a Prudential appeal and it must be drafted in a manner so as to not tell Prudential everything they did wrong. Most people, including lawyers that don’t focus their legal practice on Prudential appeals, will submit appeals where they basically give Prudential a roadmap on how to review the appeal by telling Prudential everything they did wrong on the initial review. They will include lots of case law and a detailed criticism of everything Prudential did wrong. This is not the proper way to submit an appeal and really does nothing more than guide Prudential as to how to conduct a “reasonable review” of your initial claim denial.

What Does A Reasonable Review Mean Under ERISA For A Prudential Appeal?

The “reasonable review” language is key because if your appeal is denied by Prudential and an ERISA lawsuit is filed, a judge must review the denial and apply an unfair legal term called “abuse of discretion”. The abuse of discretion requires a judge to first determine if you are disabled. If the Judge concludes you are disabled, then the Judge can only reverse the benefit denial if he or she thinks the review conducted by Prudential was unreasonable. So a Judge can find that you are disabled, but Prudential’s unfavorable review of your claim was reasonable. In this scenario your denial will be upheld as the Judge must defer to the reasonable review conducted by the insurance company.


No matter how big or scary Prudential may seem, we have recovered disability insurance benefits for our Prudential clients in more than 95% of the Prudential disability cases our law firm has accepted.


Why Drafting A Strategic Prudential Disability Appeal Is Crucial 

Because of the abuse of discretion Prudential that applies to any Prudential disability policy that contains a “discretionary clause”, we always draft a strategic appeal that focuses on your medical restrictions/limitations and how you are disabled in accordance with your disability policy’s definition of disability, rather than simply saying what Prudential did was wrong. By telling them what they did wrong, it actually helps Prudential create a record for litigation that could be perceived as more reasonable. There are a few states where the discretionary clause is illegal and the judge’s decision on the claim will be final regardless of the reasonableness of Prudential’s appeal review.

Regardless of the Prudential of review that will apply to your Prudential disability appeal denial, our lawyers have a very specific style of organizing, preparing and drafting Prudential disability appeals letters which have helped thousands of disability claimants nationwide to receive their disability insurance benefits.

Let’s Discuss Your Prudential Disability Denial

When we review your claim we will give you an immediate and honest opinion about your chances of recovering disability insurance benefits from Prudential. Don’t let Prudential or anyone else convince you to handle your Appeal without legal help as you are about to go to battle against a company that averages almost one billion dollars a year in profits. To help you learn as much as possible about Prudential and the ERISA Appeal process we encourage you to review all of the helpful information listed below. We welcome you to contact any of our disability insurance lawyers for an immediate free phone consultation.

Resources to Help You Win Disability Benefits

Disability Benefit Denial Options
Submit a Strong Prudential Appeal Package

We work with you, your doctors, and other experts to submit a very strong Prudential appeal.

Learn more

Sue Prudential

We have filed thousands of disability denial lawsuits in federal Courts nationwide against Prudential.

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Protect Your Benefits
Get Your Prudential Disability Application Approved
We help claimants throughout the entire application process.

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Prevent a Prudential Disability Benefit Denial
We manage every aspect of your disability claim following claim approval.

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Negotiate a Prudential Lump-Sum Settlement

Our goal is to negotiate the highest possible buyout of your long-term disability policy.

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Prudential Reviews
(27)

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Showing 8 of 27 Reviews
Prudential

California State Disabilty "OFFSET" never mentioned or outlined when enrolling for STD coverage.

Reviewed by MartyG on June 29th 2023   Verified Policyholder | May 2023 date of disability
All terms and conditions of receiving a claim benefit not made available when enrolling. Hidden elements of eligibility... not fully transparent with issues that might eff... read more >
Prudential

Prudential terminated my LTD, so now I have no income

Reviewed by Carlos M on June 10th 2022   Verified Policyholder
I was working at a shipyard at San Diego and hurt my back again while working. Hurt my back in the US Navy in 98 and had issues since then so I decided to get the surgery ... read more >
Reply
Sent on June 11th 2022 by Attorney Rachel Alters

Carlos, yes we may be able to help. Please email your denial letter to Rachel@diattorney.com and cc Amanda@diattorney.com. Thank you.

Prudential

Prudential cancelled my policy amid COVID crisis

Reviewed by Patricia M. on September 15th 2020   Verified Policyholder
In the mist of the covid crisis Prudential decided I needed to prove my disability, yet again. I have been physically disabled since 10/31/1989. I now know that I have bee... read more >
Reply
Sent on September 15th 2020 by Attorney Jay Symonds

Patricia: This is a terrible situation. You likely have a right to appeal the decision. I suggest you contact our office and speak with one of the attorneys to discuss ... read more >

Prudential

I was sold a policy that I cannot use and no one will show me the policy

Reviewed by Jacqueline G. on August 18th 2020   Verified Policyholder
I had Prudential STD and LTD through my employer. I received my STD with no problem. Started receiving LTD for a while, then Prudential said I owed them because I receive ... read more >
Reply
Sent on August 18th 2020 by Attorney Stephen Jessup

Jacqueline, in many cases a disability carrier cannot offset for SSDI benefits that were in place prior to the date of disability under the applicable policy. Your empl... read more >

Prudential

Prudential verbally approved my claim and then sent me a denial letter

Reviewed by Jacquieline C. on April 3rd 2020   Verified Policyholder
I have been denied twice from Prudential for my LTD case. Back injury 2009 – knee injury 2011. Back doctor took me out of work (July 2018) due to me working 35 hrs per w... read more >
Reply
Sent on April 3rd 2020 by Attorney Jay Symonds

Jacqueline: Sounds like you have a pretty complex medical situation. And the fact that they verbally approved your claim over the phone then sent a denial letter is unu... read more >

Prudential

It would cost me more to fight Prudential than to let them get away with their games

Reviewed by Tim W. on December 9th 2017   Verified Policyholder
I’ve been thru all the same things everyone complains about here. I’ve always been one step ahead of their game due to research. I just got notice they are stopping my... read more >
Prudential

Prudential told me I would have a decision today, and now the need another week. Guess what, I'm still broke

Reviewed by Cancer Patient on June 22nd 2017   Verified Policyholder
Just called them and now they need another week and a half so they can do an occupational review on my job description or something like that. Even though the case manager... read more >
Reply
Sent on June 22nd 2017 by Attorney Stephen Jessup

DL, many state insurance commissioners will not get involved in ERISA governed disability insurance policies as these polices are governed under federal law. Please fee... read more >

Prudential

Prudential is the most dishonest and immoral company ever!

Reviewed by Marie C. on April 5th 2017   Verified Policyholder
Prudential is the most dishonest and immoral company ever! My husband has been on LTD with them for a few years. In December they sent a letter asking for $11,000 back. He... read more >
Answered Questions by Our Lawyers
(40)
Showing 8 of 40 Answered Questions

Q: Prudential denied me STD due to a doctor who wrote personal things about me, like I still drive.

Answered on May 27th 2024 by Attorney Gregory Dell
A: We are sorry to hear about your denial. Please contact us and we will review your denial letter. We can discus... Read More >

Q: Prudential is sending me to an IME but refuses to allow recording. Should I refuse to go to the IME?

Answered on May 7th 2024 by Attorney Gregory Dell
A: Mike:This is always a tough situation. You cannot refuse to go. I would show up with a witness and a recor... Read More >

Q: What can I do about my long term benefits that’s ending after 2 years?

Answered on June 6th 2023 by Attorney Gregory Dell
A: Prudential is likely telling you that they will stop paying you in September because they either think you sho... Read More >

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?

Answered on March 23rd 2023 by Attorney Gregory Dell
A: Allan, I am sorry to hear about Prudential’s long term care denial for your Mom’s care. We have handled ma... Read More >

Q: Can Prudential deny me if SSDI approves me?

Answered on December 28th 2020 by Attorney Steven Dell
A: Lauraine, unfortunately you can be denied even if SSDI approved you. If you need assistance managing your LTD ... Read More >

Q: How does Prudential calculate attorney fees?

Answered on July 31st 2010 by Attorney Stephen Jessup
A: Lomy, calculate attorney fees for what exactly? Under ERISA, the federal law that governs employer provided po... Read More >

Q: Can I sue my PRUDENTIAL LTD for the cost of hiring a disability attorney to get my benefits reinstated?

Answered on June 1st 2020 by Attorney Jay Symonds
A: Loretta: Assuming the attorney was successful and got the denial overturned, the short answer is no you cannot... Read More >

Q: Do I have to pay back my STD and LTD after being approved for Widows SSD?

Answered on February 16th 2020 by Attorney Cesar Gavidia
A: Kathy, it depends on the terms of your disability insurance policy. Refer to your disability insurance policy ... Read More >
Helpful Videos
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Showing 12 of 896 Videos
Disability Benefit Tips
(331)
Showing 8 of 331 Benefit Tips

Prudential Lump Sum Disability Policy Buyout Options

If you're a Prudential long term disability insurance claimant who has been on claim for a month or two, you may be interested in getting a lump sum buyout of your insurance policy. But although Prudential does offer this as an option for many claimants, it's never obligated to buy out disability claimants - and when it comes to your lump-sum disability buyout o... Read More >

Is Exhaustion of Remedies Required before filing an ERISA Lawsuit?

In Deborah Holmes v. The Prudential Insurance Company and Bekaert Corporation, the Plaintiff was employed by the Bekaert Corporation (Bekaert) when she was injured at work. She filed a lawsuit unrelated to ERISA and her employer settled with her. In addition, Plaintiff and Bekaert entered into a separation agreement in which Plaintiff signed a general release of legal claims ... Read More >

What Should I Expect When Suing Prudential for a Disability Insurance Benefit Denial?

Disability benefit lawsuits against Prudential is a daily occurrence for our lawyers.In this video, disability insurance lawyers Gregory Dell and Rachel Alters discuss their experience in handling ERISA lawsuits against Prudential.... Read More >

Do I need to disclose my disability insurance claim if I filed for bankruptcy?

Do I need to disclose my disability insurance claim if I filed for bankruptcy?Yes. If you file for bankruptcy it is imperative that you disclose your disability insurance claim regardless of the stage that your claim is in - application, denial, appeal, pending litigation, etc.The Bankruptcy Code and Rules impose an express and affirmative duty on individuals filing for bankruptcy to disclose all asset... Read More >

Can I submit a long-term disability claim if my employment has been terminated?

It is not uncommon for employees to struggle and suffer through sickness or injury and work, even if working is counter-intuitive to their own health and effective productivity at their occupation. Unfortunately, these employees often find themselves as targets of work-force reduction or layoff, because despite their best efforts they are unable to keep up with their employer’s expectations and requirements.... Read More >

How Much Time Does Prudential Have to Make A Determination On an ERISA Disability Appeal?

The amount of time that an insurance company is allotted to provide a decision for an ERISA disability appeal is often confusing to claimants and can be for attorneys as well. Insurance companies frequently drag out the ERISA appeals process beyond the allotted 90 days by requesting additional documentation, providing unwanted extensions and sending the claimant for independent medical testing. The question st... Read More >

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?

An issue that comes up often during litigation of a claim for disability benefits is: After exhausting all of your administrative remedies for a clam for STD benefits, may a lawsuit be brought for LTD benefits as well? Insurance companies frequently move to dismiss claims for LTD benefits, claiming that the Plaintiff failed to successfully appeal the denial of the STD claim, therefore the LTD claim was never a... Read More >

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?

This is an issue that our disability lawyers face on an almost daily basis. Disability insurance companies, such as Prudential Insurance Company, will often argue that a claimant is disabled by a mental condition and not a physical condition. This is done so that they can limit the payment of disability benefits to a limited pay period of either 12 or 24 months.... Read More >
Dell Disability Cases
(375)
Showing 8 of 375 Dell Disability Cases

Prudential reverses decision to terminate LTD benefits of MRI Tech with Primary Progressive Multiple Sclerosis and degenerative Disc Disease

The claimant is a 58-year-old former MRI Technologist for Fairview Health Services who has long suffered from the debilitating effects of her chronic medical conditions. She has a history of neck pain as well as right arm pain and numbness dating back to 2005 with a reoccurrence of severe symptomatology in 2013. MRI of her cervical spine performed in August of ... Read More >

Engineer With Depression Wins Prudential LTD Appeal

The claimant is a former Senior Technology Services Engineer for Accolade, Inc. who was forced to cease working on May 25, 2021 and to apply for disability insurance benefits under his policy with Prudential because of severe symptomatology related to depression and anxiety. Prudential initially approved his claim for LTD benefits as his symptoms were demonstrat... Read More >

Dell Disability Lawyers Win Disability Insurance Appeal Against Prudential for KPMG Employee

Our client, a former Managing Director - Tax Consultant for KPMG contacted our office after his claim for short term disability benefits was denied by Prudential. He spoke with Attorney Stephen Jessup, who has handled multiple cases for KPMG employees whose disability benefits had been denied by Prudential. In this case our client had filed for disability due to... Read More >

Lawyer Wins 24 Month Mental Nervous Prudential Disability Denial

Our client, a former law partner of a large national law firm, filed for disability with Prudential due to severe mental health conditions that resulted in hospitalization. Prudential approved her claim for short and then long term disability benefits and in doing so asserted the 24 month limitation on benefits due to mental health conditions that was contained ... Read More >

Research Epidemiologist with chronic fatigue / ME wins LTD appeal against Prudential

Our client is a former Mental Health Epidemiologist who unfortunately suffered the progressive onset of pervasive fatigue, malaise, muscle aches, headaches, difficulty with concentration/focus, difficulty with information processing, and depression. Her symptoms were attributed to the medical diagnoses of chronic fatigue syndrome / Myalgic encephalomyelitis by her treating phy... Read More >

JP Morgan Chase Financial Advisor With Cancer Wins Prudential Long Term Disability Appeal

Our client was a 58 year old private client advisor for JP Morgan Chase Bank. He was forced to stop working due to squamos cell carcinoma of the mandibular jaw. He underwent numerous operations on his jaw including reconstruction, tracheostomy and postoperative radiation therapy. Apart from chronic pain suffers dysphagia and is limited in terms of... Read More >

Prudential Fails to Pay Long Term Disability Benefits of Claimant Suffering from Addison’s Disease

What is Addison’s Disease?Our client is a 43-year-old male who was employed as a Manager for Microsoft for many years. He was forced to discontinue working in his highly rewarding career after being hospitalized for progressively worsening symptoms of fatigue, nausea, dizziness, diffuse pain and weight loss (20-30 pounds) which was later deemed attributab... Read More >

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... Read More >
Disability Lawsuit Stories
(765)
Showing 8 of 765 Lawsuit Stories

Court Finds Prudential Abused its Discretion in Denying LTD Benefits

In James Ampe v. The Prudential Insurance Company of America, et al., Plaintiff Ampe worked for several years for the Massachusetts Institute of Technology (MIT) as a senior development and test engineer. In August 2011, Ampe slipped and fell in his bathroom, hitting his head.He noticed some cognitive decline over the next few months and took intermittent FMLA leave. Meanwhile, his performance re... Read More >

Prudential Wrongfully Relies on Neuropsychological Report to Deny LTD Benefits After 12 Years

Initial denialMr. Paquin became disabled in 2003 after contracting encephalitis from a mosquito infected with the West Nile virus. The infection resulted in brain damage and cognitive impairment rendering Mr. Paquin unable to continue working as a business development director for his employer, Transistor Devices. He qualified for short term and long term disability benefits under his employer sponsored di... Read More >

California Court Overturns Prudential Denial of LTD Benefits

In reviewing long term disability denial letters we find that there are a handful of industry wide arguments made by insurance companies to minimize the nature of one’s occupation. The most common being the downplaying of the cognitive demands of a given occupation in favor of focusing solely on the physical demands of the occupation. This often occurs when (1) the nature of the disability is due to a medica... Read More >

California Court Overturns Prudential Denial of Disability Benefits

In the case of Gallegos v. Prudential, a California Federal District in the Northern District of California entered an order instructing Prudential to reinstate the benefits to an insured suffering with Lupus. This ruling provides a plethora of useful information in arguing claims for disability stemming from Lupus, but also for any physical medical condition in which an insurance carrier argues a “lack of o... Read More >

Prudential Denies Long Term Disability Claim Due to Insurance Fraud

Our office was recently contacted by an insured whose claim for long term disability benefits had been recently and abruptly denied by Prudential based on allegations of insurance fraud stemming from answers provided in an Activities of Daily Living Questionnaire (ADLQ) form and a subsequent field interview. For anyone on claim with Prudential, or with any disability insurance company for that matter, the ADLQ... Read More >

Texas Court Dismisses ERISA Lawsuit due to Judicial Estoppel

The case of Kidd v. The Prudential Insurance Company of America demonstrates the importance of disclosing all potential assets on a bankruptcy petition. This includes an administrative claim for long-term benefits and potential for a lawsuit if those benefits are denied. Because of the plaintiff’s claim she had no assets in Bankruptcy Court, she was judicially estopped from pursing her ERISA lawsuit in the T... Read More >

Prudential Denial of Disability Benefits to Employee that Was Disabled While Working is Reversed

Long-term disability attorneys Cesar Gavidia and Gregory Dell discuss a recent case against Prudential Insurance Company in which long term disability benefits were denied because the claimant claimed LTD benefits after he was terminated by his employer. This is a very specific fact pattern in this case, but it worked out well for the claimant. People seeking di... Read More >

Federal ERISA Lawsuit Filed Against Prudential After It Denies Long-term Disability Benefits to Insured With Parkinson's Disease

Mr. G had previously worked as a foreman for a large fertilizer company. One day at work Mr. G suffered a fall into a bin of fertilizer. Although Mr. G suffered some injuries, he soon began developing serious neurological symptoms which included parkinsonian type symptoms, seizure episodes and muscle spasms. Initially, he believed his symptoms were related to his fall into the bin of fertilizer, however, they ... Read More >

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5 Ways We Help Get Your Benefits Paid

Get Your Disability Application Approved

Our goal is to get your application for disability income benefits approved. Applying for disability insurance benefits can be a difficult process and the information you provide is critical. Most disability insurance companies look at your application in hopes of finding a reason to deny your claim. Your disability company will ask you to complete numerous forms, interview you, request lots of information, speak with your doctors and possibly request to have you examined by their "hired gun" doctor.

Through our experience of having helped thousands of disability insurance claimants, our disability insurance lawyers will guide you through the entire application process and give you the best chance to get your disability claim approved the first time.

Submit A Strong Appeal Package

If your disability insurance benefits have been wrongfully denied, then our disability insurance lawyers know exactly what it takes to get your disability claim approved. You only get once chance to submit an Appeal, therefore every piece of evidence that will support your disability claim must be included. The goal is to win your disability benefits at the Appeal level, but while preparing your Appeal you must consider how a federal judge will review your disability claim if your benefit denial is upheld.

Preparing a strong disability appeal package is an art that requires you to understand how the courts interpret your disability policy language, ERISA regulations / laws, and how to strategically present evidence in support of your definition of "disability". We encourage you to contact any of our attorneys for a free immediate review of your disability denial.

Sue Your Disability Company

98% of the disability insurance lawsuits filed by our law firm have resulted in either the payment of benefits or a lump-sum settlement agreement. Our disability insurance attorneys have filed ERISA governed and private policy long term disability insurance lawsuits against every major disability insurance company in state and federal courts nationwide and we love fighting for the "little guy" against the multi-billion dollar insurance company giants.

We have recovered hundreds of millions of dollars for our clients and we would like the opportunity to provide you with a free review of your disability benefit denial. There are many complex factors in a disability benefit lawsuit and the legal battle to win long term disability benefits can be fierce.

Prevent A Disability Benefit Denial

Approval of long-term disability is a continuous process as every disability insurance company will evaluate your eligibility for benefits on a monthly basis. You can never let your guard down and assume that your disability company will continue to pay your benefits for as long as you think you need them.

Our disability insurance law firm offers a reasonable flat fee monthly claim handling service in which we handle every aspect of your long-term disability claim and do whatever it takes to make sure you are paid every month.

Negotiate a Lump-Sum Settlement

Let's discuss if a lump-sum settlement or buyout of your disability insurance claim is both available and makes financial sense for you. Our disability insurance lawyers have negotiated more than five-hundred million dollars in disability insurance buyouts and we know how to get you a maximum settlement. A disability insurance company is not required to offer a buyout and not every disability company offers them.

Questions About Hiring Us

Who are Dell Disability Lawyers?

We are disability insurance attorneys that know how to get your short or long term disability benefits paid. As a nationwide law firm we have helped thousands of disability insurance claimants throughout the United States to collect hundreds of millions of dollars of disability insurance benefits from every major disability insurance company.

In more than 98% of our cases, our attorneys have been able to either get our clients paid monthly disability benefits or obtain a one-time lump-sum settlement. Our disability insurance lawyers have seen it all when it comes to disability insurance claims and we know exactly what it takes for your disability claim to be approved.

We offer disability insurance attorney representation nationwide and we welcome you to contact any of our lawyers for a free immediate review of your disability claim. We also invite you to visit and subscribe to our YouTube channel where we have more than 850 videos and regularly provide tips to help protect your disability benefits.

Who do you help?

Our disability insurance attorneys help individuals that have either purchased a long term disability insurance policy from an insurance company or obtained short or long term disability insurance coverage as a benefit from their employer. We have helped individuals in almost every type of occupation with monthly disability benefit payments ranging from $1,500 to $50,000.

Our clients include all types of employees ranging from retail associates, sales representatives, government employees, police officers, teachers, janitors, nurses, pilots, truck drivers, financial advisors, doctors, dentists, veterinarians, lawyers, consultants, IT professionals, engineers, professional athletes, business owners, and high level executives.

A strong understanding and presentation of the duties of your occupation is essential for securing disability insurance benefits.

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 insurance 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 phone, email, fax, or video conferencing sessions. 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 insurance attorney. We can be reached at 800-698-9159 or by email. Lawyers 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.

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