Prudential Decides to Terminate Long-term Disability Claim of Disabled Chevy Chase Bank Manager That It Had Paid for 11 Years, But It Overturns Decision After Attorney Dell & Schaefer’s Appeal

Our client, Connie, worked as a Manager for a Chevy Chase Bank branch in Virginia. In 2006, at the age of 25, she suffered a stroke which caused her to lose vision in her left eye and left her with cognitive and memory issues.

It was determined that her stroke was caused by, Thrombotic Thrombocytopenic Purpura (TTP), a rare blood disorder that causes the blood to clot in small blood vessels throughout the body, limiting (or blocking) the flow of oxygen-rich blood to the body’s organs, such as the brain, kidneys, and heart. After her stroke, she also complained to her doctors that she was having difficulty thinking and “figuring things out”. Her physicians referred her to a neuropsychologist, who performed a neuropsychological examination showing that the stroke had indeed caused cognitive and memory impairments.

Connie soon had to inform her employer that she would not be returning to work and would need to file a long-term disability claim with her employer’s long-term disability insurer, Prudential Insurance Company of America (“Prudential”). After receiving the claim, Prudential and its medical consultant reviewed Connie’s records, and in particular the results of the neuropsychological examination. It did not take long for Prudential to conclude that Connie was totally disabled from her own occupation as a Branch Manager.

For the next 11 years not much changed. Connie continued to suffer with her loss of vision and the cognitive impairment left by the stroke. As part of its claim review to determine if Connie was disabled from Any Gainful Occupation for which she would be qualified based on education, training or experience, Prudential required Connie to attend a neuropsychological examination with its own hand selected neuropsychologist. The neuropsychological examination confirmed that Connie continued to suffer cognitive impairment. The results confirmed that there were cognitive changes affecting her motor, sensory, arithmetic, attention, and vigilance related skills which were sufficiently severe as to undermine her ability to function. Prudential’s neuropsychologist that Connie had reached maximum medical improvement from the effects of her stroke and no additional improvement was anticipated.

Which brings us to 2017, and yet another medical review by Prudential. This time, instead of requiring Connie to attend another neuropsychological examination, Prudential referred the medical file to a neurologist for a paper review to determine whether Connie was capable of effectively engaging in sustained work activities. Prudential’s neurologist, despite never examining Connie, and likely never so much as reviewing the results of her past neuropsychological examination determined that with the exception of no driving , operating heavy machinery and working at heights, Connie was capable of working in a gainful occupation.

After getting over the shock and dismay that the benefits that she had received from Prudential for the past 11 years were suddenly discontinued Connie hired Attorneys Dell & Schaefer to prepare her administrative appeal.

Attorney Gavidia and his team, which included his Appeal Specialist and Legal Assistant, worked to collect the medical records and evidence and prepare the first of two appeals available to Connie under her long-term disability plan with Prudential. Within a month after submitting her long-term disability appeal, Prudential informed Attorney Gavidia that it was overturning its previous decision and would be reinstating Connie long-term disability benefits.

Connie’s claim is currently being managed by Attorney Gavidia and his team in order to ensure that Prudential cannot once again terminate her disability claim and cause a massive and traumatic interruption in her life. Feel free to contact our Disability Attorneys for a free consultation on this or any matter relevant to your disability claim.

Learn more about the Prudential disability appeal.

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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.

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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
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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.

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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.

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Alan L.

Cesar Gavidia handled my case and he was responsive to questions that I had from the very beginning until the end. I hired Dell & Schaefer to file a lawsuit after my long term disability claim was denied. I was represented by experienced professionals throughout the process and that fact was especially evident during the mediation phase. I was satisfied with the settlement they were able to obtain for me. Something that I could never have done on my own.

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