The Standard Disability Insurance Company loses motion to prevent Dell Disability Lawyers from deposing six of the Standard's employees
During the week of July 13, 2009, Attorney Gregory Dell spent several days in Portland, Oregon deposing multiple employees of The Standard Disability Insurance Company. Prior to taking the depositions, The Standard refused to make their employees available for deposition and instructed their attorney to file a motion preventing Attorney Gregory Dell from taking the depositions. The court received multiple motions and entered an opinion stating that our client has the right to take the depositions and The Standard must produce their witnesses. The Standard’s motion for attorney fees against our client was denied. It is obvious that the Standard did not want their claims handling practices exposed through deposition testimony.
Attorneys Gregory Dell and Cesar Gavidia filed a lawsuit in Federal Court, after The Standard denied our client long-term disability benefits. Our client, an invasive cardiologist, has been unable to work in his occupation as result of neck, back and shoulder problems. Our client purchased his long-term disability policy as a benefit offered through his membership in the Southern Medical Association. Our client has been unable to perform the duties of an invasive cardiologist due to the requirement that her wear a heavy lead apron during most of the cardiac surgeries he performs on patients. Our client’s claim is supported by his treating neurologist.
The Standard relies on the paper review of our client’s file by two neurologist in order to deny disability benefits. Moreover, while reviewing the claim, the Standard never bothered to take into consideration what percentage of our client’s occupational duties required him to wear a lead apron. During the recent depositions of The Standard employees, none of the employees had any idea how much a lead apron weighs, how long our client would need to wear the lead apron during a procedure, or specifics about the procedures that an invasive cardiologist performs. The Standard was of the opinion that our client should have no restrictions and limitations, and that the only reason he gave up his career as an invasive cardiologist was so that he could work as a chief medical officer for a medical tool manufacturer.
It is interesting to note that our client had a long-term disability policy with Unum Provident and the definition of disability during the first two year of benefits was almost identical to the definition of disability in the The Standard long-term disability policy. Unum Provident evaluated our client’s claim and determined that he was unable to perform his duties as an invasive cardiologist. Furthermore, Unum Provident’s outside neurologist reviewed our client’s medical records and opined that our client should not wear a lead apron and therefore would be prevented from working as an invasive cardiologist. During deposition of the Standard employees, they did not have any explanation as to how Unum Provident’s doctor could find that our client had restrictions and limitations, but The Standard’s doctors found that our client was perfectly healthy.
The Standard recently filed a Motion for Summary Judgment and basically alleged every possible defense they could think of, in hopes that something would stick. Attorneys Gregory Dell and Cesar Gavidia believe that the motion filed by the Standard is a desperate attempt to further their denial of long-term disability benefits. A response to the motion for Summary Judgment is currently being drafted and the jury trial is set for October 2009 in Federal Court.
Resources to Help You Win Disability Benefits
Submit a Strong Standard Appeal Package
We work with you, your doctors, and other experts to submit a very strong Standard appeal.
Sue Standard
We have filed thousands of disability denial lawsuits in federal Courts nationwide against Standard.
Get Your Standard Disability Application Approved
Prevent a Standard Disability Benefit Denial
Negotiate a Standard Lump-Sum Settlement
Our goal is to negotiate the highest possible buyout of your long-term disability policy.
Policy Holder Rating
Standard insurance just dropped me with no communication with me.
Reply
Standard is one of, if not the worse, company in the industry now
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'
Reply
I waited 5 weeks just to be told I can't receive benefits
Reply
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
Standard's sudden denial was inexplicable
Standard has keep me jumping through hoops for years
Reply
Mental health LTD should be covered under the Mental Health Parity Act
Q: Do I have to pay back LTD after receiving SSDI?
Q: Non-taxable benefits have become taxable.
Q: How do I ensure Standard makes a timely decision with regard to my claim?
Q: Why can my employer hold my disability check after The Standard sends it to them? Can I file a grievance with them?
Q: Should I contact you before submitting my application for a private disability benefit?
Q: Is there any case law in which a state government employee LTD plan decided to drop the 24 month mental health limitation? Has there been any success against a state government and Standard using ADA Title I (employee) and 3 (insurance company) from a discrimination basis?
Q: How can Standard deny my claim and expect me to work when I am disabled?
Q: I'm waiting to hear back about my appeal. Should I hire an attorney?
Applying for Standard Disability Benefits? Top 5 Claim Denial Reasons
How to Prevent Standard Insurance Company from Denying Disability Benefits
Can My Insurance Company Terminate My Disability Benefits After 24 Months if My Mental Nervous Disorder Contributes to But is Not The Sole Cause of My Disability?
Dentist and doctors: beware of the Standard Insurance Company Group's long-term disability policy
Why Must Your Disability Insurance Lawyer Understand Your Disabling Condition?
Disability Benefit Denial Reason #5 – Your Medical Evidence is Weak
Disability Benefit Denial Reason #4 - Your Doctor Is Misled By the Disability Company
Disability Benefit Denial Reason #3 - Video & Social Media Surveillance
Seven Surgeries and The Standard Still Denies Disability Insurance Benefits
After Two Appeals The Standard Insurance Approves Short & Long Term Disability Benefits for Nurse
Standard Approves Disability Benefits to Attorney with Fibromyalgia
Standard overturns decision to deny disabled Project Manager long-term disability insurance benefits after first Appeal
Another long term disability claim is reinstated after Disability Attorney Alexander Palamara successfully argues The Standard mishandled preexisting condition investigation
Standard Overturns Denial of Benefits to Shareholder of Major Law Firm
Disability Attorney Alex Palamara wins LTD Benefits for Police Officer Denied by Standard
Standard Overturns Denial of Disability Insurance Benefits
Reviews from Our Clients






