Disability Attorney Alexander Palamara Proves to Unum that Its Decision to Deny Benefits Was Wrong for Claimant Suffering from Heart Conditions
Before contacting our firm, our client had been out on disability since March of 2005. Prior to 2005, our client worked for Pinelawn Cemetery for 13 years as a Sales Counselor. Unfortunately, he was forced to stop working in March of 2005 due to various medical conditions including Chronic Pain Syndrome, Severe and Progressive Coronary Disease, neck pain, back pain, hip pain, etc. Thankfully, his employer provided a Long Term Disability Insurance Policy with Unum should he be limited from performing the material and substantial duties of his regular occupation.
Immediately after having to stop work in 2005, our client applied for Long Term Disability (LTD) benefits and benefits were initially approved from 2005 through August of 2016. By letter dated August 3, 2016, Unum informed our client that further benefits would not be paid as they had now determined that he was able to perform the duties of his occupation and was not disabled according to the terms of the policy. In support of its decision to deny benefits, Unum indicated it had relied upon information from social media and surveillance footage, in addition to reviews of our client’s medical records by commissioned physician reviewers. These reviews led Unum to conclude that his cardiac condition was stable and that his pain was well managed.
Claimant Contacts Dell Disability Lawyers
After receiving the denial letter, our client contacted our firm as he could not understand how Unum could have denied his claim. After having a chance to review the denial letter, Attorney Alexander Palamara of Dell Disability Lawyers also could not understand how Unum could have denied our client’s claim for continued LTD benefits due to the strength of his medical claim.
A review of the denial letter showed that Unum had viewed our now client’s social media accounts, conducted surveillance and came to the conclusion that because “you are able to drive a motorcycle, attend concerts and attend bike week” you are not disabled. Unfortunately for Unum, there is much more to our client’s life than a few pictures on the internet and 12 minutes of surveillance. Because Unum’s decision was clearly wrong, an Administrative Appeal was filed to challenge Unum’s wrongful denial.
The Administrative Appeal
The Appeal filed by Dell Disability Lawyers was able to show the strengths of the client’s case as well as the weaknesses of Unum’s earlier reviews. For instance, we were able to challenge Unum’s conclusion that our client’s cardiac condition was “stable” by pointing out that he had suffered two heart attacks and has been suffering from ongoing chest pain at rest, chest pain with exertion, and shortness of breath through 2016 with multiple positive EKG tests dating into August of 2016. Furthermore, our appeal also demonstrated that his cervical and lumbar spine degenerating was not stable as Unum claimed. Medical records were able to reveal evidence of radiculopathy including positive straight leg raise testing bilaterally, positive Spurling’s Testing, antalgic gait, the need to use a cane, and impaired reflexes in the bilateral lower extremities. Finally, the Appeal was able to show Unum that its reliance on surveillance and social media held no water as such was limited to a few pictures posted online and 12 minutes of video surveillance. When viewed objectively, this information could not show that our client was untruthful and that he would be able to perform the material and substantial duties of his regular occupation 40 hours a week.
60 days after our appeal was filed, Unum sent a back benefit check for the benefits that had not been paid since the time Unum denied the claim in August 2016. Our client remains on claim to this day and our client knows that our firm will do whatever it takes to keep him on claim until he is able to return to work at his regular occupation or until his policy expires at age 65.
If you have had a claim denied by Unum or any disability insurer, please do not hesitate to call Dell Disability Lawyers for a free consultation to discuss your case.
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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.