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.

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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.


Bruce R. (Arizona)

Steve Dell has done an exceptional job with my disability application process. The firm is extremely well managed. They have acquired an incredible amount of experience over many years. I recommend them for disability insurance claims without reservation. 

Don (Florida)

I called this firm a few months ago completely disparaged due to a company cutting off disability benefits at a time that nearly caused me to lose everything.

Attorney Alex Palmera and Danielle worked hard to reach an amicable settlement and my case was settled a few months later. This is a good firm and the specific expertise in disability claims saved me countless hours of hassle at a time when an already fragile state existed.

Thank you Mr. Palamara and Danielle.

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