Standard Insurance Company reverses disability insurance denial for a disabled lawyer

Disability Insurance Lawyers Dell & Schaefer prevailed in an ERISA appeal filed on behalf of their client when The Standard Insurance Company wrongfully denied her long term disability benefits. The client was suffering multiple gastro-intestinal conditions, chronic intractable abdominal pain, visceral hypersensitivity syndrome, nausea, vomiting secondary to a neuroma, migraines, fibromyalgia, severe weight loss, fatigue, syncope, and secondary diagnoses of anxiety, post traumatic stress disorder, major depressive disorder, panic disorder with agoraphobia, inability to concentrate and memory loss, all of which prevented her from performing the material duties of her occupation as an attorney. The claimant had been hospitalized for approximately three months, continued to be disabled after her protracted hospital stay, yet The Standard claimed that she was capable of performing her job duties as an attorney, 40 hours a week, since she failed to go to the doctor for approximately six weeks following her hospital discharge.

According to The Standard, the claimant was no longer disabled on July 20, 2009 (days after she was discharged from the hospital) and her failure to return to work within 30 days from July 20, 2009 exceeded the Allowable Period of Temporary Recovery during the Benefit Waiting Period.” Therefore, she was no longer covered under the policy when she “again became disabled on September 10, 2009.”

The claimant’s treating physicians all clearly stated that she was unable to return to work after her hospitalization due to frequent vomiting, severe abdominal pain, fatigue as well as cognitive impairment and depression, however, The Standard ignored their medical opinions claiming that she failed to seek treatment therefore she had recovered completely and was able to work 40 hours a week without physical or cognitive limitation.

The claimant was so ill she could hardly leave her home other than to attend doctors’ appointments, spending most of her day in bed or on the couch being cared for by her family. Attorneys Gregory Dell and Rachel Alters filed an appeal on behalf of our client in January of 2011. In our appeal we were able to show that the claimant was disabled and unable to perform the material and substantial duties of her occupation. This was evidenced by a the opinions of her treating physicians, her voluminous medical records and a day in the life video depicting how the clamant spent her day frequently vomiting and unable to care for herself.  She clearly could not go to work in an office setting as an attorney 40 hours a week.

In March of 2011, The Standard informed our client that her disability benefits would be approved as they determined that she was disabled and unable to perform the material duties of her occupation. Our law firm continues to handle our client’s disability claim on a monthly basis.

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FAQ

Do you help Standard claimants nationwide?

We represent Standard 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 Standard disability insurance policy?

Our disability insurance lawyers help policy holders seeking short or long term disability insurance benefits from Standard. 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 Standard.

How do you help Standard claimants?

Our lawyers help individuals that have either purchased a Standard 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 Standard:

  • 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   *****

Julia R.

Being very ill is extremely difficult for anyone to deal with. But trying to focus on health issues while navigating all of the complexities of STD and LTD really makes a bad situation worse and more stressful. I spoke with many lawyers before I was connected with Dell & Schaefer and they were the first and only ones to take the time to truly listen to my history and make the sincere effort to understand my situation. After that, they – specifically Rachel Alters and her brilliant team of professionals – did everything they could to support and champion my case – from dealing with insurance companies to speaking with my doctors.

Rachel and her colleagues helped me when I most needed help and continue to check in on me which is wonderful. As their client, you are not just a numbered file – you really are treated as a person who matters and their care, concern and consistent follow-up has made this challenging period in my life much, much easier.

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