Prudential Insurance Company Settles Breach of Contract Lawsuit Arising From Allegations That It Terminated the Claim of CPA Disabled Under AICPA Long-term Disability Insurance Policy

Mr. S was working as a certified public accountant (CPA) when he purchased his long-term disability insurance policy through the American Institute of Certified Public Accountants (AICPA). The AICPA had contracted with Prudential Insurance Company of America (Prudential) to provide long-term disability insurance to any actively working CPA members.

At the age of 45 Mr. S began experiencing a sudden onset of memory loss, as well as slurred speech and visual movements. Although he already suffered from a mild case of Tourette’s his tics suddenly increased. Mr. S, his family and several of his physicians were confident that Mr. S had suffered a stroke, however, TIA was inconclusive. However, one thing was for certain, Mr. S could no longer continue functioning as a consultant and CPA. With the assistance of his wife, Mr. S submitted a disability claim to Prudential informing them of his medical complications and that he was no longer capable of effectively performing his job duties as a CPA.

Prudential Approves Disability Benefits But Later Terminates The Claim After Failing to Receive Updated Medical Records

Shortly after submitting his disability claim, Prudential approved Mr. S’s benefits and accepted that he was disabled from his own occupation as a CPA. Mr. S’s long-term disability policy with Prudential limited disability claims submitted for mental illness to 60 months, but otherwise paid benefits to age 65 for all other disabilities. The Prudential AICPA long-term disability policy defined disability as, “you are unable to perform, for wage or profit, the material and substantial duties of your own occupation; you are under the regular care of a doctor; and you are not working at any job for wage or profit.”

Approximately 17 months after approving his claim, Mr. S received a letter from Prudential notifying him that his claim had been terminated, citing that it had been unsuccessful in obtaining updated medical records from his treating physicians. Mr. S and his wife compiled the requested medical records and promptly delivered them to Prudential hoping that they would promptly reinstate his claim. Despite receiving the updated medical records, Prudential informed Mr. S that it was not overturning its decision and that his claim would remain denied.

Lawsuit filed Against Prudential in Florida State Court

After being referred by a family friend, Mr. S and his wife met with Attorney Cesar Gavidia. Mr. S had never been involved in a lawsuit before and was anxious and nervous about the process. Despite his anxiety and apprehension, Mr. S knew that in order to recover the benefits that he was rightfully due under an insurance policy that he had worked hard to pay for he had to fight even if that meant going to court. Soon after hiring Attorney Gavidia, Mr. S’s lawsuit was prepared and filed in Florida state court alleging that Prudential had breached the terms of the disability insurance contract. After months of litigation, discovery and negotiations, the parties reached a mutually agreeable confidential settlement and Mr. S voluntarily dismissed his case against Prudential.

Learn more about Prudential Disability Lawsuits.

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FAQ

Do you help Prudential claimants nationwide?

We represent Prudential clients nationwide and we encourage you to contact us for a FREE immediate phone consultation with one of our experienced disability insurance attorneys.

Can you help with a Prudential disability insurance policy?

Our disability insurance lawyers help policy holders seeking short or long term disability insurance benefits from Prudential. We have helped thousands of disability insurance claimants nationwide with monthly disability benefits. With more than 40 years of disability insurance experience we have helped individuals in almost every occupation and we are familiar with the disability income policies offered by Prudential.

How do you help Prudential claimants?

Our lawyers help individuals that have either purchased a Prudential long term disability insurance policy from an insurance company or obtained short or long term disability insurance coverage as a benefit from their employer.

Our experienced lawyers can assist with Prudential:

  • ERISA and Non-ERISA Appeals of Disability Benefit Denials
  • ERISA and Non-ERISA Disability Benefit Lawsuits
  • Applying For Short or Long Term Disability Benefits
  • Daily Handling & Management of Your Disability Claim
  • Disability Insurance Lump-Sum Buyout or Settlement Negotiations

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 telephone, e-mail, fax, GoToMeeting.com 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 800-682-8331 or by email. Lawyer 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.

Dell & Schaefer Client Reviews   *****

Ken A.

I’VE BEEN A CLIENT FOR 5 YEARS!

5.0 stars

A CLIENT FOR 5 YEARS!

Most likely… if you are reading this now… you are searching for ‘The Right Disability Attorney’! Realizing that no professional, including Greg Dell, can make everyone happy, the attorneys at Dell attempt to. They are still representing my best interests and have literally collected every dime I am entitled to under policy. Insurance companies know that Greg Dell’s firm is large enough to have assets sufficient to fight if necessary. They won’t ‘roll over’ because they don’t have the money to stay in the ring. Your insurance company, I assure you, know who ‘Greg Dell’ is. After they receive that 1st letter from Mr. Dell, putting them on notice that they are no longer to contact you, (that ALL correspondence goes through him)… I assure you their ‘method of operation’ changes gears. Please listen to me.

It has been my experience that once you call your insurance carrier and tell them you are even ‘thinking about’ filing a claim – their ‘helping hands’ attitude changes immediately. You are no longer an asset… you have now become a ‘liability’. Your insurance carrier knows that they will never make another dime from you. From now on you will only cost them money… perhaps for the rest of your life. It’s just business folks… we try to mitigate liabilities. If they can find a way to stall, question and deny… most likely they will.

Understand that insurance companies make money three ways:

1. Collecting premiums.

2. Investing revenues.

3. Denying claims.

They have already collected your premiums and will now determine if they can justify denying your claim… they simply will.

GREG DELL WILL NOT LET THEM GET AWAY WITH THIS CRAP!

If you are a professional and find yourself in the unfortunate position of filing a disability claim – I admonish you to not try this on your own!

HIRE A PROFESSIONAL!

Your decision is whether to hire a “disability claims consultant” or an “attorney” which specializes in professional disability claims. You’d be wise to decide upon the later. The reason being an attorney has “power” and “authority” and actually “represents you”. He/she has authority (power of attorney) to actually communicate with your insurance company and do “Whatever It Takes”. A disability claims consultant does exactly that… they “consult” with “you” (not the insurance company) and make recommendations… they tell you what to say and do.

Mr. Dell notified my insurance company that my claim was legitimate and justified and that they were simply going to pay my claim. 5 years later I have received every single payment, in full and on time!

If you have not decided yet… please listen to me. You are about to step on the field of battle with Goliath. You must never forget that these insurance people are good… very good. They know what they are doing. All day long claims adjusters look for ways to deny claims. They know all the tricks. Unless you are King David… you are going to need much more than a rock.

In conclusion consider this… right now you are not looking for a friend. You need someone who knows what they are doing… and does it exceptionally well. Do yourself a favor and call Greg… call him right now. I assure you… you’ll sleep much better tonight!

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