• Common Issues with Total v. Residual Disability Benefit Claims

Total v. Residually Disability Benefits: The Ongoing Battle?

The single most litigated issue in a long term disability claim is whether a claimant is residually or totally disabled. Disability companies will save a lot of money if they can prove that a claimant is residual rather than totally disabled. In this video, disability insurance attorneys Cesar Gavidia and Gregory Dell discuss some examples of cases involving a total versus residual disability analysis. In every claim, the policy language and the specific facts will determine if a claimant could continue working in some capacity and still be determined totally disabled. Our disability lawyers have conducted this analysis for hundreds of doctors, lawyers, accountants and other business professionals. We have seen numerous cases in which a claimant was told they were residually disabled, when in fact they should have been deemed totally disabled. Contact any of our disability insurance lawyers for a free consultation and review of your long term disability claim.

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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   *****

James S. (New York)

The best place to start is a brief background. I had incurred six spine surgeries in a span of five years taking four or nine days vacation for each. These surgeries included multi level fusions, laminectomy’s, etc. I reached the point where the physicians recommended I take a period of time (six months) off to see if the injured nerves would calm down. I filed for my short term benefit (90 days) and that was approved. I filed for my long term benefit but was denied. After six months of no improvement I was deemed permanently injured, a pain management case. No other surgeries would help. This was all fully documented and supported by the surgeon. At some point in that period I realized an attorney was the only way to take on the insurance company as I was getting absolutely nowhere. I searched locally but had no luck but was recommended to Dell & Schaefer by a local attorney.

I was hesitant at first as their main office is in Florida and I am in New York but realized they had to trust me remotely also. Once they obtained all the medical records and formed the first of several appeals (at their up front cost and therefore risk) I realized they had this down and they realized I had a legit case with full physician support. The people at Dell & Schaefer were always courteous and professional. They never set any false expectations about time frame and they always kept me updated as the claim status.

Dell & Schaefer at one point had to ask my surgeon to write yet another letter on my behalf. There interaction with the very busy surgeon was polite, professional and subtle. I did not want my relationship with the doctors jeopardized by this and it never was. They also updated me with a copy of all interactions with the insurance company in a timely manner.

***** 5 stars based on 202 reviews

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