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Reverse ERISA Appeal When Standard Denies Claim by C-Level Executive

Thursday, November 1st, 2012

Our client was a C-level executive with a Fortune 500 company who suffered from several co-morbid disabilities following a serious car accident. Because she was relatively young – 45 – we know that Standard Insurance claim personnel were calculating the total benefit payout and trying to avoid a high six or even seven-figure liability on their balance sheets.

Based on all of her medical reports, this former executive was clearly physically and cognitively impaired and no longer able to perform the high level decision making and analytical thinking that her position required. Standard denied her long term disability insurance claim on the basis of a selective paper review and a miscasting of the occupational requirements. We were retained to fight back with an aggressive ERISA appeal, and our efforts were rewarded.

We developed powerful medical support from our client’s treating doctors and presented evidence supporting the cognitive difficulties that our client must cope with on a daily basis. Our appeal attacked the substance of Standard’s medical reviews, pointedly rebutting each and every position advanced and demonstrating that the opinions lacked merit and support.

Despite Standard pursuing examinations of our client in an effort to sustain its claim position, Standard ultimately conceded our client was indeed impaired and she was reinstated on her claim.

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Frankel & Newfield does not currently handle any Social Security Disability Insurance claims.

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