Standard Overturns Denial of Disability Benefits to Chiropractor
As any chiropractor or anyone who has been to a chiropractor knows – chiropractic medicine is very physically intensive work. The wear and tear a chiropractor can endure over the course of a career often resembles what many patients seek treatment with a chiropractor for. Such was the case with our client, who after 20 years of practice began to succumb to chronic neck pain due to cervical herniations, cervical radiculitis and multiple shoulder problems to include a rotator cuff tear, labral tear, degenerative changes to the AC joint and decreased range of motion. No longer able to meet the physical demands of his occupation as a chiropractor he filed his claim for long term disability benefits with Standard Insurance Company through the policy he had purchased from the Nebraska Chiropractic Physician’s Association (NCPA).
The Denial of Benefits
After many years of faithfully paying his premiums it came as a surprise to our client when Standard notified him that claim was being denied. Concerned by assertions made by Standard as to the nature of his policy and the contents of his denial letter he contacted our Office and spoke with Attorney Stephen Jessup.
In denying our client’s claim for benefits Standard relied on an independent file review conducted by a doctor that never physically examined our client or spoke with any of his treatment providers. Despite years of consistent treatment with medical doctors, chiropractors and objective medical evidence by way of MRIs, Standard’s doctor noted that there was insufficient medical information to support any restrictions and limitations and that our client should be able to return to work full time as a Chiropractor.
Additionally, review of the pertinent information indicated that Standard was erroneously trying to apply ERISA standards to what was an ERISA exempt policy. Attorney Jessup explained how this misapplication could negatively impact our client and how the appeal should be approached in order to protect our client in the event of future litigation.
As Standard was treating our client’s claim as an ERISA based denial of benefits Attorney Jessup remained silent as to the incorrectness of same and moved to quickly secure a complete copy of the claim file from Standard. Upon receipt and review Attorney Jessup discovered that the vocational review conducted by Standard was incomplete and failed to take into account multiple aspects of our client’s occupation as a sole practitioner chiropractor. Furthermore, the review of the medical review evidenced a systematic attempt to downplay our client’s weekly chiropractic treatment and an attempt to require objective medical evidence that does not exist to support our client’s subjective complaints of paint.
After receipt and review of all treatment and medical records Attorney Jessup arranged for additional diagnostic testing, to include a functional capacity examination, in order to better support and bolster the already lengthy history of medical restrictions. With the additional supportive medical information obtained, Attorney Jessup coordinated with our client’s providers to obtain additional supportive letters and forms.
In submitting the appeal Attorney Jessup attacked Standard’s position that the policy was governed by ERISA, as well as undermined both the vocational and medical reviews Standard conducted. Faced with an overwhelming amount of medical evidence and legal argument Standard was left with little choice but to admit its mistake and approve our client’s claim for long term disability benefits.
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Policy Holder Rating
Standard is one of, if not the worse, company in the industry Standard hasn't approved or denied my claim in over a year. They keep promising to look at it 'next week'
The Standard will threaten to withhold your pay until you sign every document that they send you. The worst part is when they consider back payment for SSDI benefits
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Reviews from Our Clients
Very satisfied with the work of this team. Took well care of my case and took all the necessary time to be responsive and attentive when I had questions. Guided me through recovery and returning to normalcy. All thanks to Jason & Tabitha, thank you!
I’m extremely satisfied with the experience I have had with this firm from day one. The lawyer who has handled my case, Alex, is very efficient and attentive to all my questions and concerns. They are always aware of how my case has gone and they care about my health. I feel optimistic with them because they are very attentive during the process of my claim. I would not hesitate to recommend families and friends if in any situation they need their services. Kathleen as well has been very well and assisted me with this case. I highly appreciate everything they have done for me.
It’s unfortunate when disability insurance companies come after older disabled policyholders just to help their bottom line. It can be a living nightmare the damage they can do to a family. Dell Disability Lawyers are polite, understanding and knowledgeable. They call you back and answer any question you have no matter how unimportant it can be. The amount of stress they took off of myself and family was incalculable. I recommend them highly to take care of any disability case whether it be filing for benefits or reversing a claim decision. They are outstanding.
I could not have been happier or more appreciative of the hard work they performed on my behalf. I was well briefed on my case and it was closed in a timely manner with a financially successful resolution.
Mr. Symonds and Sonia as well as everyone else we have worked with throughout this process have been very helpful, professional and caring to our situation. We are very thankful to have this great team on our side.
Without them my LTD company was dropping my plan with me still suffering from my accident, even with doctor’s statements I’m still disabled. The LTD company didn’t want to advance my policy to the next stage of years of pay. Dell Disability Lawyers saved my policy, and helped to enforce the LTD company’s own policy (for its policy holder, me) that I would be covered still under the LTD policy I had paid for at my previous job, when my accident occurred. These lawyers know what they are doing and can help you too. LTD companies will try to drop you when you still need coverage just because they don’t want to pay on your policy anymore. Don’t let them break contract with ya because they are trying to get out of it. Hit em with legal action to ensure the continuation of your policy you paid for. Dell Disability worked very well for me and continue to do so.
I was denied long term disability benefits from The Hartford after being on it for years. I found Dell Disability Lawyers after doing research online. In a matter of days they responded and explained to me everything that would be done. Dell Disability Lawyers were able to settle my suit against The Hartford very quickly and responded to me quickly. I would definitely recommend this team of lawyers for anyone that is fighting for their disability insurance.
I have had nothing but a great experience with Dell Disability Law Firm. Mr. Alex Palamara and his team went above and beyond my expectations. They will respond to emails and phone calls in a timely manner. Thank you once again for taking my case.
This law firm is the best so far. MetLife denied me two times, they appealed two times for me and they won of course. So if you are on disability and want a chance at winning your case use this firm Dell disability lawyers, kind courteous understanding and they get the job done. You won’t be disappointed.