Frankel & Newfield, P.C.

We Have Recovered Over $100 Million In Claims For Our Clients

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April 2009 Archives

Met Life Denies Long-Term Disability Benefits and Frankel & Newfield Overturns On Appeal

Our client had worked as a Payroll Manager for a large advertising firm for over 17 years, when, as a result of a motor vehicle accident, she sustained a severe injury to her left foot, fracturing her left calcaneus. Despite undergoing surgery on her foot a few weeks after the accident, our client soon developed a number of other difficulties, including post traumatic subtalar joint arthritis in her left foot, which continued to cause her severe pain and discomfort. The motor vehicle accident had also aggravated an old back injury, which resulted in increased pain throughout her back. In addition, our client became severely depressed, due to the pain she was suffering and the dramatic changes in her lifestyle that had resulted from the accident.

Prudential Terminates Benefits and Frankel & Newfield Overturn on Appeal

Our client, a 37-year old graphic designer and creative manager for one of the world's largest luxury goods corporations, was diagnosed with a tumor of the spinal cord that extended into the brainstem, accompanied by two cysts, one below the tumor and one above the tumor.  Our client underwent surgery to remove the tumor. After the surgery, our client went for intensive inpatient physical and occupational therapy. 

Organic Brain Dysfunction Not Subject to Limited Benefit Period

Many ERISA disability policies contain a limited benefit period for impairments caused by or contributed to any mental or nervous disorder.  There has been much litigation over these issues, and one court has recently determined that organic brain dysfunction did not invoke the mental illness limitation in LINA's policy.  Jewell v. LINA

Disability Insurance and Severance - Successful Claims Require Strategic Planning

Employees struggling to stay at work and perform their jobs despite illness or injury feel trapped between a rock and a hard place.  If they stop working, they won't be able to make a claim for disability, as they will no longer be considered an "active employee," a requirement to be eligible for coverage.  But if they go out on disability, will they be the first ones laid off,  potentially losing other employee benefits?

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Frankel & Newfield, P.C.
585 Stewart Avenue
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Garden City, NY 11530

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