Disability Insurance Lawyer Blog

Why Was My Long Term Disability Claim Denied?

Your claim may have been denied based on what is known as an “on-paper” medical review. This is also known in the industry as a “peer review”. We agree that it is infuriating to have a claim denied on the basis of a report from a doctor who has never seen, treated, evaluated or examined you. Many disability insurance companies rely on outside companies or individuals to review claims – but not to conduct actual patient examinations. Sometimes these reviews are done by doctors or nurses, but remember, they are being paid by an insurance company, so in our experience, these individuals are biased against the claimant. Two issues appear often when paper medical reviews are used to deny claims: The medical records reviewed are often incomplete. Our firm has had many clients whose denials were based on reviews that did not include key diagnostic reports. How could this information be left out of the...
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Why Professionals – Including Lawyers – Come to Us for Disability Claims Representation

Lawyers, Chief Executive Officers, Chief Financial Officers, senior level company officials, and even insurance executives come to Frankel and Newfield for help with their long term disability insurance claims. Often, it’s after they have tried and failed to handle a claim themselves. Disability insurance policies are complex legal documents. They are different than other insurance documents, and are governed by complex laws and administrative proceedings with equally complex requirements. There are time restrictions that are unbending. One mistake and the entire claim can be lost, forever. Unless you are an attorney with many years of experience in this specific area of the law, it is not likely that you will be able to succeed with a disability claim. Our emphasis on providing quality work for professionals is appreciated. We have represented many professionals, business owners and senior officials at Fortune 500 companies. Our clients learn that having an experienced partner handle their...
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A Client Review on Avvo – Preparing to File Long Term Disability Claim

We assist clients in all stages of their claims, and this review on Avvo shows how working with an experienced long term disability attorney in advance of filing a claim can be beneficial. I first retained Jason Newfield several years ago, when I was contemplating a potential disability insurance claim. We discussed the issues and my concerns, as there were a number of complicated issues involved. Jason was able to distill these issues and help me navigate through them with relative ease. When it came time to file the claim, the process was smooth, relative to the issues involved. Throughout the process, Jason anticipated how the insurance companies would behave, and was able to develop strategies to effectively combat their approaches. On top of his knowledge base and skillful advocacy, he was extremely responsive and timely to each of my needs, concerns and questions. I have utilized many attorneys over the...
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Court Finds In Favor Of Claimant With Vestibular Disorder/Vertigo

A Federal Judge has determined that a claimant is entitled to her benefits from Liberty Mutual, after her claim had been terminated and her appeal denied. The Court, weighing the evidence on a de novo review, determined that the claimant’s medical support was of more quality than the evidence developed by Liberty Life, which included surveillance obtained over eight (8) days, a peer review by a hired doctor, and an examination performed by a doctor hired by Liberty Mutual. The claimant, who left work several months after suffering from vertigo and dizziness, when her symptoms significantly worsened, worked in a sedentary desk job that required near constant use of a computer. While on claim, Liberty Mutual obtained surveillance of her – a common tactic by Liberty Mutual – which showed her driving short distances, carrying groceries and running errands. The Court, however, was not persuaded by the surveillance, noting that these activities...
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