Prudential’s denial of disability benefits to a salesperson is reversed

A judge in federal court ruled that by relying on an outdated job description in making its determination regarding a claim for long-term disability benefits Prudential acted arbitrarily. The Prudential failed to consider his current job duties as a Salesman in light of his current conditions, which included emphysema and coronary artery disease.

The Court ruled that had the proper job duties been used in Prudential’s reviews of the claim, the outcome likely would have been different. Prudential used an outdated Dictionary of Occupational Titles to portray the claimant’s position as a Salesman and its associated job duties, when it should have used the Occupational Information Network (O-Net). O-Net is the most comprehensive source of job descriptions, and is up-to-date.

The claimant’s own treating physicians’ opinions of the Salesman’s restrictions and limitations based on his emphysema and coronary artery disease were eventually given more weight because they had relied on the appropriate job description when evaluating whether the claimant could work as a Salesman.

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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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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.

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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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Shawn C. DDS

After developing a debilitating disorder which left me unable to perform my duties as a dentist I had to begin the process of filing a disability claim. I managed to secure two of the policies on my own but the group policy I had with Sunlife kept giving me the run around refusing to pay out. I soon realized I needed to find a disability attorney and that the insurance companies did not have my best interests.

After talking with a few different firms I decided to go with Dell & Schaefer. From the start the secretaries, record keeping, and Attorney Greg worked diligently on my case and within a few weeks we got a letter that the claim would be paid. I soon realized that this was one of the best decisions I had ever made.

Since hiring Attorney Dell almost 4 years ago things have run very smooth. He is thorough and very good at getting things accomplished in a professional and timely manner. He is a pleasure to speak to and always makes time for his clients. The staff has been very helpful and always willing to answer any questions.

When companies want to meet with me, Attorney Dell takes care of setting it up and makes sure that I always have some form of representation whether via phone or in person. I do not have a bad thing to say about this firm. They allowed my family and I to not have to worry about financial stress while going through this difficult time in our lives.

Thank you Greg, Anneli, Carolyn, and the rest of the team for being there for us. They are the best at what they do!

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