U.S. judge orders Broadspire to reinstate a former bank employee’s disability benefits

Sandra Mikolajczyk, an employee of ABN AMBRO North America Inc., was awarded disability benefits for her depression, fatigue, chronic C6 radiculopathy, carpel tunnel syndrome, cholloid brain cyst, multivalve prolapse, cervical disc surgery, anterior cervical neural decompression and other disorders. Ms. Mikolajczyk was insured by her company’s group disability policy with Broadspire Services, Inc.

After two years of benefits, Broadspire terminated Ms. Mikolajczyk’s coverage. Prior to canceling Ms. Mikolajczyk’s benefits, Broadspire had select documents from her medical record reviewed by Dr. Vaughn Cohen. Dr. Cohen determined that Ms. Mikolajczyk lacked functional impairment that prevented her from working as a bank branch manager. Broadspire physician, Dr. Jamie Wancier, conducted a medical record review and found Ms. Mikolajczyk able to perform full-time sedentary work. Ms. Mikolajczyk promptly filed suit seeking benefits under the Employee Retirement Income Security Act (ERISA).

Judge Katz of the Northern District of Ohio stated that Broadspire “relied on document reviews that were incomplete and went against the weight of the administrative evidence”. Judge Katz further noted that “Broadspire’s refusal to conduct a physical examination, even when tests were recommended by its own reviewing physician, is another factor that weighs against the reasonableness of defendant’s denial of benefits.” Lastly, the court held that Broadspire should have considered the favorable award of social security disability benefits. Broadspire was ordered to pay disability benefits.

Opinion available at Sandra Mikolajczyk v. Broadspire Services Inc., No. 3:05-CV-7039, N.D. Ohio.

DISABILITY INSURANCE COMPANY INFORMATION
Videos, Questions, Resolved Cases, Lawsuit Summaries & Company Reviews

disability insurance companies complaints

FAQ

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   *****

Les D. (Montana)

I reached out to Dell & Schaefer because my ongoing disability claim was being closed, my 3 appeals were unsuccessful. Steve was extremely professional and empathetic to my situation. He did a lot of work & won the appeal with CIGNA, got the checks coming including all past payments. The care and prompt handling of my claim didn’t stop there. Steve and his assistant Sonia were always ready to answer questions & concerns promptly and professionally. They genuinely cared and were interested in how I was doing.

After a year Steve negotiated a buyout settlement on my claim. I couldn’t be happier with his handling of the entire process. Steve and Sonia have truly made my life easier, I know I couldn’t have won my case alone. I can genuinely say I will miss them, their caring & kind words of reassurance. They always put my best interests first and foremost. I give them & the firm my highest recommendation. I would not hesitate to tell anyone who needs an attorney to use them.

Read 424 reviews

Speak With An Attorney Now

Request a free legal consultation: Call 800-682-8331 or Email Us