• Prudential ERISA Disability Lawsuits
  • Prudential Disability Benefit Denials Are Common
  • Prudential Disability Insurance Claim Denials Resulting In Lots of Appeals & Lawsuits

Prudential Disability Lawsuit

Our disability attorneys have filed ERISA and non-ERISA disability benefit lawsuits against Prudential in state and federal courts all over the country. In a 2009 disability lawsuit filed against Prudential in Hawaii (Besser v. Prudential), Prudential was ordered to pay long term disability benefits to our client and over $300,000 in attorney fees to our law firm. This is the highest recorded amount Prudential has ever been ordered to pay in attorney fees for a disability benefit claim denial. Our established history of successfully resolving hundreds of long term disability insurance lawsuits against Prudential for clients nationwide has earned us a strong reputation that helps to get our client's claims resolved. In 95% of the lawsuits we have filed against Prudential we have made a recovery of benefits for our client in the form of either reinstatement of benefits or a lump-sum settlement. We never charge any fees of cost unless we recover disability benefits and we welcome you to contact us for a free immediate phone consultation with one of our disability lawyers. In our videos above you can learn more about our experience with Prudential disability denials and litigation .

Why are Prudential Lawsuits Challenging For Disability Claimants?

  • ERISA Disability Lawsuit Challenges
  • ERISA Disability Benefits Lawsuits - What You Must Know
  • Prudential ERISA Disability Lawsuits

More than 95% of the Prudential disability insurance policies sold are governed by ERISA. IF your disability coverage was provide by your employer, then your policy is likely governed by ERISA. ERISA (Employee Retirement Income Security Act) is an unfair federal law that governs all disability insurance policies that are provided as an employee benefit. The law was designed to protect individual employees, but in reality it does a lot more for insurance companies. In our videos above we discuss the general challenges present in every ERISA disability benefit lawsuit. ERISA policy holders do not start on a level playing field and some examples of why ERISA is unfair are as follows:

  1. Only a Federal Judge will determine the outcome of your lawsuit and no jury trial is allowed;
  2. Regardless of the actions taken by Prudential the court cannot award any punitive or bad faith damages;
  3. The ability to take depositions of Prudential employees is very limited and the Prudential employees and doctors can hide behind what we call the ERISA shield;
  4. The Judge is usually required to apply a standard of review, known as an arbitrary and capricious review, that defers to insurance company's conclusion regardless of whether the Judge agrees with Prudential's decision to deny benefits;
  5. The Judge can remand the case back to Prudential without awarding un-paid benefits and give Prudential another chance to review the claim.
Prudential denied the claim based on objective medical evidence
Prudential's in-house doctor denied the disability claim
With no exam a third party medical company denied a Prudential claim
With functional limitations Prudential denied a disability claim because claimant has the ability to perform sedentary occupation
After a compulsory medical exam a doctor hired by Prudential denied the disability claim
Prudential denied claim based on a vocational consultant evaluation of employable with other occupation
Prudential ignored claimants treating doctor's opinion of limited work restrictions and denied claim
Based on video surveillance Prudential denied disability claim
My definition of disability changed from own occupation to any occupation and Prudential denied my disability claim
Prudential based your denial on a mental disability and not a physical disability

Answers To Your Prudential Disability Questions (4)

How long will a Prudential Disability Benefit Lawsuit Take to Resolve?

All Prudential ERISA disability denials are required to be filed in Federal court as opposed to state court. The typical time frame a for a lawsuit in Federal Court is 18-24 months, but our law firms 30+ years of handling disability denials against Prudential often allows us to reach a claim resolution within 6 months of the filing of a lawsuit. The time frame for claim resolution will vary based upon the Federal court where we file your lawsuit and the specific facts of your disability claim. If you win your lawsuit, Prudential has may appeal the decision and that can add another 12-18 months of time for the appellate court to render a final decision. We 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. As much as we love to tear apart Prudential for an unreasonable disability claim denial, we know how to set our egos aside and our goal for every client is to try to resolve their 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 can help you with. We appreciate you considering our law firm.

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

We only handle Prudential disability benefit lawsuits on a contingency fee basis. This means that our fee is a percentage of any disability benefits that we recover on your behalf. The percentage we charge varies based upon the amount of your monthly benefit, the duration of benefits you are eligible for, and the risk level of your lawsuit. 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. In some lawsuits the court will award attorney fees and we use the attorney fee award to reduce the contingency fee payable to our firm. More than 85% 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.

Can Your Law Firm File My Prudential Disability Lawsuit Regardless of Where I Live?

Regardless of where you live in the United States our law firm can file your lawsuit in any federal or state court. We have filed short and long term disability lawsuit in state and federal courts all over the country. The law provides a few options as to where a disability lawsuit can be filed and we will strategically pick the court which gives you the best advantage. If your claim is governed by ERISA, you will never be required to be appear in court .

When Can a Prudential Disability Lawsuit be Filed?

An ERISA lawsuit usually must be filed within either three years of your date of disability or the date of the final disability denial decision. The answer to this question depends on whether you have an ERISA governed disability policy or private insurance policy that is not governed by ERISA. If you have a Prudential disability 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 completed your ERISA appeal. Prudential allows for a second voluntary appeal and in some cases we may want to file another appeal before filing a lawsuit. 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.

Questions About Hiring Us

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   *****

Gian C., MD

I was having difficulty with performing certain procedures in my job, this eventually caused severance of my relationship with my employer. My disability insurance company denied my claim for long term disability benefits and closed the case. Fortunately I was referred to Cesar Gavidia and Attorneys Dell & Schaefer. He was very prompt in taking my side and, in a short time, what seemed to be a lost case turned in my favor. I would strongly recommend him and his firm to protect ones interests in cases of disability insurance.

***** 5 stars based on 202 reviews

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