• Prudential Pays Disability Benefits For 12 Years, Then Denies Based On Neuro-Psych ReportPrudential Pays Disability Benefits For 12 Years, Then Denies Based On Neuro-Psych Report

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

Initial denial

Mr. 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 disability plans and received benefits until January 2015.

After nearly 12 years on January 7, 2015, his disability company, Prudential, terminated Mr. Paquin’s benefits based on a neuropsychological evaluation. His subsequent administrative appeals were unsuccessful forcing Mr. Paquin to file an ERISA lawsuit in a Colorado federal district court.

The Court’s review of Mr. Paquin’s claim

After reviewing all the medical evidence available in the file the court ruled in Mr. Paquin’s favor finding the evidence overwhelmingly supported a conclusion that Mr. Paquin was permanently disabled. The court was impressed by the length of time Mr. Paquin was considered disabled by Prudential and pointed out that Prudential had documented in the claim file as recently as 2014 – months before the termination of benefits – that Mr. Paquin’s cognitive issues were not likely to improve and that there were no gainful employment options for him.

While Prudential had relied on the report of a neuropsychologist who felt Mr. Paquin was not as impaired as he claimed the court observed that none of the other doctors or treating professionals who had evaluated and treated Mr. Paquin during the previous 11 years had thought or suggested that Mr. Paquin was malingering in any way.

Three of Mr. Paquin’s doctors had also rebutted the neuropsychologist’s findings and found her conclusions were “flawed if not outright incorrect.”

Ultimately, the court found Prudential’s decision was unsupported by substantial evidence and was an abuse of discretion.

This case is not unlike many cases denied by Prudential. It is important to remember that no matter how long you’ve been on claim you are not safe from Prudential cutting off your benefits. Prudential is notorious for referring claimants for neuropsychological examinations which often yield reports that the claimant is malingering despite the absence of any reports of malingering by any treating physician.

This case was not handled by our office but Attorneys Dell & Schaefer have extensive experience dealing with Prudential and we are very familiar with their tactics used to deny claims. If you have a Prudential disability claim at any stage feel free to contact one of our attorneys to discuss your options.

DISABILITY INSURANCE COMPANY INFORMATION
Videos, Questions, Resolved Cases, Lawsuit Summaries & Company Reviews

disability insurance companies complaints

Leave a comment or ask us a question

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.

Reviews   *****

Michael C. (Virginia)

Greg Dell and his assistant Anneli have been extremely responsive and helpful, not only our initial consultations, but in follow-ups 1 and 2 years later with the insurance company to ensure that they comply with their agreements (which they did), as well as a separate and only slightly-related inquiry about our health insurance. I always hear back from them very quickly, which is rare and greatly appreciated.

Read 424 reviews

Speak With An Attorney Now

Request a free legal consultation: Call 800-682-8331 or Email Us