What to Expect in a Prudential Disability Benefit Denial Lawsuit

You probably feel as if the Appeal review conducted by Prudential was a sham and you never had a chance to have your Prudential disability benefit denial reversed. Your feeling of being called a liar by Prudential and questioning if it is even worth filing a Prudential disability lawsuit is exactly Prudential’s plan. The sad truth is that the law governing long term disability insurance claims favors disability insurance companies and therefore a high percentage of Prudential disability appeal denials are upheld. Prudential hopes that you will just go away and that they can strong arm you to return to work out of financial necessity. The good news is that with a strong legal strategy your Prudential disability benefit lawsuit can result in a recovery of your disability benefits.

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What Should You Expect In A Prudential Disability Lawsuit?

Through our experience of having helped thousands of Prudential disability insurance claimants nationwide, we would like the opportunity to help you win your Prudential disability benefit lawsuit. In order to help you understand what to expect in a Prudential disability lawsuit, Attorneys Gregory Dell and Alex Palamara have prepared the Prudential disability lawsuit video below. We encourage you to contact any of our disability insurance lawyers for a free immediate review of your Prudential disability claim denial.

When Can A Prudential Disability Lawsuit Be Filed?

The answer to this question depends on whether you have a claim that is governed by The Employee Retirement Income Security Act, also known as (ERISA). If you have a Prudential disability claim that was provided to you as an employee benefit, then your claim is almost always governed by ERISA. An ERISA disability lawsuit cannot be filed against Prudential until you have received a denial of the appeal you submitted to Prudential. 

An ERISA lawsuit usually must be filed within either 3 years of your date of disability or the date of the final disability denial decision. If Prudential fails to make a timely decision on your appeal, you can file suit without having to wait for Prudential’s appeal decision. The law governing time periods to file lawsuits is known as the Statute of Limitations and it is an area of law that is regularly changing and not consistent from state to state. In a Non-ERISA disability benefit claim denial an appeal is usually not required by Prudential and most lawsuits can be filed 90 days after proof of loss is due but no later than 3 years after the date of denial. The period of time in which a lawsuit must be filed can be a complicated analysis determined by a combination of the policy language and the law of the state in which the person was denied. The best thing to do in many cases to avoid a statutory problem is to file a lawsuit as soon as reasonably possible.


Our Clients Have Recovered Lincoln Disability Benefits in 99% of our Prudential Disability Lawsuits.


As much as we love to beat up Prudential for their wrongful disability claim denials, we know how to set our egos aside. Our goal for every client is to try to resolve their Prudential claim in the most expedient and efficient manner possible. Upon review of your disability denial letter from Prudential we can immediately let you know if you have a claim that we think we can help you with. We look forward to speaking with you to discuss your options against Prudential.

What Are the Most Challenging Issues in a Prudential Disability Lawsuit?

The most challenging aspect of any disability lawsuit is the fact that your Prudential disability benefit denial is likely governed by ERISA, a pro-insurance company federal law that governs almost all employer-provided disability policies. ERISA was designed so that insurance companies could offer affordable benefits to employees and in return have limited lawsuit expenses if a disability claim is denied. If your disability policy was not provided by your employer, then you will not have to worry about the ERISA lawsuit limitations. In our video below, disability attorneys Stephen Jessup and Gregory Dell discuss the reasons why ERISA makes disability lawsuits against a company like Prudential challenging.

Five Reasons ERISA Disability Laws Favor Prudential 

  1. No jury trials are permitted;
  2. No punitive damages;
  3. Very limited discovery;
  4. The Judge usually must apply a standard of review that defers to the insurance company’s conclusion that you are not disabled;
  5. The Judge can remand the case back to Prudential for any additional chance to review the claim and deny it again;

How Much Does Our Firm Charge to Handle a Prudential Disability Lawsuit?

The proper preparation of a lawsuit against Prudential takes a lot of legal time and our law firm is selective in the type and quantity of cases we accept. Providing the highest level of legal work and personal attention to your claim is a fundamental mode of operation for every lawyer in our firm. We are not high volume social security lawyers that are trying to handle disability insurance claims against Prudential.

We have been handling claims against Prudential for over 30 years. We only handle Prudential disability lawsuits on a contingency fee basis. This means that we charge you a percentage of the disability benefits that we recover on your behalf. If we are not successful at recovering any disability benefits for you, then you do not owe us any attorney fees or cost for the work that we have done on your behalf. 

More than 90% of the disability lawsuits that we have handled against Prudential have resolved in a one-time lump sum settlement. We encourage you to review some of our Prudential resolved case summaries to learn more about our experience. Most of our Prudential disability lawsuit settlements have confidentiality provisions which limit our ability to discuss specific details about the cases.

Collecting Prudential Disability Benefits Is A Reality

Through our 30+ years of experience suing Prudential and our daily work on behalf of Prudential disability claimants nationwide, we have seen and we are constantly aware of every claims handling technique used by Prudential. We are one of the few law firms in the entire country that has the experience of going through a jury trial and receiving a favorable verdict against Prudential. As a result of our years of battling Prudential we have established a strong reputation and a unique litigation technique that allows us to cut through the traditional 18 to 24 month delay in resolving a Prudential disability lawsuit.

We encourage you to contact any of our disability insurance lawyers to discuss some strategies for a possible resolution of your Prudential disability denial. It is incredible and sad how many people we see give up the fight following a claim denial as they don’t want to deal with Prudential. Our lawyers make the lawsuit process as simple as possible for claimants by requiring almost no time or effort by the claimant to pursue a Prudential lawsuit. Any of our disability lawyers are available for an immediate free phone consultation to discuss your Prudential claim denial.

What are the Top Reasons for Prudential Disability Denials?

  1. Prudential denied the claim based on objective medical evidence
  2. Prudential’s in-house doctor denied the disability claim
  3. With no exam a third party medical company denied a Prudential claim
  4. With functional limitations Prudential denied a disability claim because claimant has the ability to perform sedentary occupation
  5. After a compulsory medical exam a doctor hired by Prudential denied the disability claim
  6. Prudential denied the claim based on a vocational consultant evaluation of employability in another occupation
  7. Prudential ignored claimant’s treating doctor’s opinion of limited work restrictions and denied claim
  8. Based on video surveillance Prudential denied disability claim
  9. My definition of disability changed from own occupation to any occupation and Prudential denied my disability claim
  10. Prudential based your denial on a mental disability and not a physical disability and therefore limited your benefits to 24 months

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.

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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)

Policy Holder Rating

1.5 out of 5
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1.9out of 5
Handling Claim
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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
(38)
Showing 8 of 38 Answered Questions

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 >

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?

Answered on September 5th 2014 by Attorney Stephen Jessup
A: Jenny, if your claim is denied a lawsuit is to be filed in Federal Court. The Indiana insurance board does not... Read More >

Q: Can I fire Allsup and owe them nothing?

Answered on August 27th 2019 by Attorney Jay Symonds
A: ItisMe, the terms of your relationship and obligations with Allsup would be spelled out in the contract/agreem... Read More >
Helpful Videos
(861)
Showing 12 of 861 Videos
Disability Benefit Tips
(329)
Showing 8 of 329 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 mo... 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 C... 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 t... 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 di... 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... 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 ... 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... Read More >
Dell Disability Cases
(369)
Showing 8 of 369 Dell Disability Cases

Engineer With Depression Wins Prudential LTD Appeal

The claimant is a former Senior Technology Services Engineer for Accolade, Inc. who was force... 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 h... 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 Prud... 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 perv... 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 wa... 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 Manage... 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. ... Read More >

Prudential Overturns Disability Denial to Chiropractor

Our client, a chiropractor in a busy New York practice, ceased working at the suggestion and advice of his doctors due to his complaints of sh... Read More >
Disability Lawsuit Stories
(764)
Showing 8 of 764 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 ... 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 inf... 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 mi... 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 Prude... 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 Prudent... 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... 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 P... 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. Altho... Read More >

Reviews from Our Clients

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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 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 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 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 lawyers 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 lawyers 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 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 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 lawyers 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 lawyers have been able to either get our clients paid monthly disability benefits or obtain a one-time lump-sum settlement. Our 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 welcome you to contact any of our attorneys 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 700 videos and regularly provide tips to help protect your disability benefits.

Who do you help?

Our lawyers 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 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, GoToMeeting 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 800-698-9159 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.