UNUM Insurance Company reverses disability insurance denial for CFO/VP of Finance

Disability Insurance Lawyers Dell & Schaefer prevailed in an ERISA appeal filed on behalf of their client when Unum wrongfully denied her long term disability benefits. The client was suffering from Invasive Squamous Cell Carcinoma of the Anal Canal which causes Chronic and Frequent Bowel Movements, an inability to control her bowel movements, Rectal Pain, Anxiety and Depression, all of which prevented her from performing the material duties of her occupation as CFO/VP of Finance and Administration. The claimant was suffering from bowel incontinence as a side effect to radiation received to the rectum as treatment for anal cancer. She experienced accidents up to 3-4 a week. Her physicians agreed that she was unable to work due to persistent diarrhea and the inability to control her bowel movements and had directly expressed this to Unum. Unum chose to ignore these medical opinions coming to their own conclusion that the client was perfectly capable of working in her regular occupation as long as she was within 100 feet of a restroom. Unfortunately, being within 100 feet from a restroom did not prevent her from soiling herself. Each time she soiled herself she required a shower, change of clothes, and needed to wash her soiled clothing which takes over an hour and a half each time it occurred. This absolutely could not be done in an office setting and would cause her severe anxiety and stress.

Dell & Schaefer filed an appeal on the clients behalf arguing that should a claims administrator or employee of Unum have this very medical issue he or she would not agree that being within 100 feet from a restroom would make it possible for them to perform the material and substantial duties of their occupation. Working in an office setting with unpredictable and uncontrolled bowel movements causes severe mental and emotional distress and well as physical restrictions and limitations which would prevent any human being from performing the material and substantial duties of their occupation. To state that all she needs is to be 100 feet from a bathroom in order to work, as this would be a reasonable accommodation is incorrect, untrue and completely insensitive.

Following submission of our ERISA appeal, Unum informed our client that her benefits were reinstated as they determined she was disabled and unable to perform the material duties of her occupation. She was paid all of her past due benefits and put back on claim. Our law firm continues to handle our client’s disability claim on a monthly basis.

Questions About Hiring Us

Do you help Unum claimants nationwide?

We represent Unum 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 Unum disability insurance policy?

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

How do you help Unum claimants?

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

  • 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.

Dell & Schaefer Client Reviews   *****

Pat (Florida)

My experience with Dell & Schaefer, especially attorney Cesar Gavidia and his staff was excellent. I contacted Dell & Schaefer when I needed help as my disability insurance carrier terminated my benefits at the 2 year mark of my disability. I spent about 2 months putting together what I thought may be a decent appeal of that decision. However, the further I got into the workings and gaining some understanding of how the appeals worked under ERISA, I realized there was a lot at risk and only had one shot at it. I sought advice from an immediate family member who is also an attorney and was advised “get a firm that specializes in this type of work, then get the best”. Hence my decision to chose Dell & Schaefer.

Upon acceptance of my case, I felt that I was the center of attention for Attorney Gavidia. I had already used up 1/3 of the 180 days allotted to file the appeal working on my own so we were in a bit of a time crunch. Hundreds of pages of medical records the detail of the termination of benefits, my disability policy and several other different documents were delivered to attorney Gavidia. In short order those documents were reviewed and our strategy of appeal was discussed and developed. Necessary appointments and evaluations were coordinated and our appeal was submitted before the 180 days had expired. At the 45 day mark my insurer requested a 45 day extension on the decision. I was advised by Mr Gavidia’s assistant Michal who reassured me that this happens in most appeals. At the 90 day mark we received a favorable decision on the appeal, benefits were reinstated and back pay was awarded, but the story was not over.

After the initial termination of benefits by my insurer, I was alienated and expressed my desire with attorney Gavidia to try and find an amicable separation for all parties. Attorney Gavidia tactfully used some facts and disputes of the initial claim to open conversation with the insurer’s attorneys. He developed a dialog proposing, although I remain totally disabled as defined by my plan, a lump sum buy out of my future monthly disability benefits. Attorney Gavidia was successful in reaching an agreement that was acceptable to all parties and made sure that I had the final say on acceptance or not.

Thus, working with Dell & Schaefer I had my benefits, which had been terminated, restored, received back-pay for benefits that were withheld and missed, and successfully and satisfactorily “divorced” from my insurance provider in the form of a lump sum buy-out of my future disability benefits.

***** 5 stars based on 202 reviews

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