Prudential overturns denial of Long Term Disability Benefits for Vietnam War Veteran after Lawyers from Dell & Schaefer file appeal

It is undisputed that our client served honorably in the Vietnam War during the time period of 1968 to 1969. Most recently he had been an employee of US Foodservice for over 17 years without issue. He worked as a District Sales Manager. However in 2008, a change in management at his job brought drastic changes which lead to him experiencing increased stressed. This additional stress resulted in our client to suffer increased anxiety and depression.

Medications helped somewhat, but he found that he was not able to cope with the increased stress, depression and anxiety which lead to increased nightmares and disrupted sleep. As a result of this combination, our client began suffering with impaired memory and concentration while at work. In April 2013 his treating psychiatrist ordered him to take a leave from work. Luckily for the client, his employer provided him with disability insurance coverage with Prudential if such a situation arose.

Application for Benefits

Being covered under a long term disability insurance policy and being unable to perform the material and substantial duties of his own occupation, our client applied for long term disability benefits on his own. His policy, like many LTD policies, will “not cover a disability due to way, declared or undeclared, or any act of war.” After his application was filed, Prudential unfortunately found that his PTSD and depressive disorder were related to his service during the Vietnam War and as such held that “the War Exclusion applies to your claim.” This decision was expressed to him in a December 9, 2013 denial letter.

Appeal by Lawyers at Dell & Schaefer

Unsuccessful with his application for LTD benefits, the client found the lawyers at Dell & Schaefer to help him with the administrative appeal that needed to be filed to challenge Prudential’s initial decision that denied his claim for benefits. Now this appeal was unique in the sense that Prudential was not saying that the client was not disabled. In fact the December 9, 2013 denial letter listed all the issues that the client was going through that added up to the fact that he was unable to perform the material and substantial duties of his regular occupation.

However, because Prudential found that his disabling conditions were ultimately caused by his service in the Vietnam War, the lawyers at Dell & Schaefer had to prove that his history of such actually happened to be unrelated to his claim for benefits.

An appeal was filed on June 6, 2014. This appeal laid out the reasons why the client’s disability was not war-related but in fact due to the increased work stress which lead to depression, anxiety, panic attacks, insomnia and impaired memory/concentration. The appeal was able to show the specific changes at work that occurred due to the change in management. The appeal also demonstrated how the client was able to get married, raise 6 children, work several long term jobs, including starting and running his own business, and the fact that he worked for US Foodservice for 17 years without issue. This helped to show that his service in the Vietnam War had no relation whatsoever to his claim for disability benefits.

Appeal was Successful

By way of a June 25, 2014 letter, 19 days after the appeal was submitted, Prudential informed lawyer Alexander Palamara of Dell & Schaefer that his appeal was successful. Prudential overturned its initial decision to deny benefits and was now awarding our client monthly benefits. Our client will be receiving a big back benefit check for the time period when benefits should have been paid and he will also be receiving a monthly benefit until he is able to go back to work or until his eligibility for benefits ends.

Should you have a similar claim with Prudential or any other disability insurance provider such as Unum, MetLife, Cigna, etc., please feel free to contact the lawyers of Dell & Schaefer for a free consultation.

Questions About Hiring Us

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, 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   *****

Shane H.

It was a pleasure to have had Attorney Jessup and his Assistant Kathy Bordas as my legal Counsel in my LTD case. From the very first phone call that I had with Attorney Jessup he showed me respect as well they listened to everything that I had say. They showed me that there was so body out there that was gonna fight for me and not through the case to the side. Every step of the process your law firm kept me in the loop and gave me options as to what the possible outcomes will be. Attorney Jessup and Kathy Bordas showed true professionalism during the whole process. They where able to get the insurance company to see my side and hopefully see the pain that I am in every day. Your firm was has given myself and my family some hope and happiness again. From my family to Attorney Jessup, Kathy Bordas we Thank You and God Bless.

***** 5 stars based on 202 reviews

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