The second article on disability insurance law in our series for Dentist’s Money Digest explores the issues facing dentists who... Read more →
Success Stories: Claims
Frankel & Newfield Navigates Complex Issues, From Claim Preparation to Lifetime Management, for Chiropractor
A New York chiropractor in his mid-50s was concerned about complex issues associated with his long-term disability claim. We worked with the client pre-claim to solidify the claim support both occupationally and medically. Once the claim commenced, we managed the claim process including field interviews with multiple insurers and securing lifetime benefits for our client. We were very gratified when he posted an unsolicited six-star review on Avvo, a popular legal services website.
Successfully Help Chiropractor File for Three Private Disability Policies
The firm was contacted by a chiropractor who had suffered a rotator cuff tear, cervical spine degeneration and was exhibiting bi-lateral upper extremity neurologic symptoms. He had reached the point where he knew that he was not going to be able to practice anymore and would need to file a claim for disability benefits. He owned three private disability insurance policies - AXA/Equitable, Security Mutual and Berkshire/Guardian. We were retained to help him prepare to file a claim. He is on claim and being paid with no challenges from all three of his private long term disability insurance policies.
Severance and Disability Claim Requires Extreme Experience
We were contacted by a client who was suffering from a serious chronic gastrointestinal disease. His job required a high level of energy and concentration, which was becoming more and more difficult as he required frequent access to a bathroom, making it next impossible to stay in one place for extended periods of time. His productivity was severely affected, and it was not clear how much longer he would be able to work. We discussed a timeframe for pursuing the claim, noting the difficulties. During this time, he was advised that his employer was letting him go. We immediately shifted gears from strategic planning to action. As the result of our representation, our client was able to successfully navigate the severance process, pursue his disability claim and ultimately secure his disability insurance benefits that were part of his employer sponsored benefits. If he had not been provided with the correct legal advice, the insurer could have taken the position that he was no longer covered and he would have lost both his position and his disability benefits.
Frankel & Newfield Protects Client from FCE Test
Our 45 year old client, suffering from Chronic Fatigue Syndrome, was requested to undergo a Functional Capacity Evaluation (FCE) test, which are usually not legally required, and often pose potential harmful dangers to clients already suffering from disabilities. We challenged the disability insurance company’s right to conduct this test, and the insurance company backed off. Our client’s disability benefits continue to be paid.
Orthopedic Surgeon Who Can No Longer Operate Entitled to Residual Benefits
When our client could no longer perform surgery, he continued to manage and perform as an administrator in the office. We reviewed his policy and determined that he was entitled to residual benefits for a period of time prior to the time of total disability. We advised him on how to file for the residual claim for the earlier time period, and helped him secure significant additional benefits. He did not need us to pursue the claim aggressively, but we were ready if the need arose.
Long Term Disability Insurance Claims and Family Medical Leave Act
Our client was fired from his job even though his employer was well aware that he had been diagnosed with a psychological condition. Because he had been fired, he was unable to file a disability claim under his employee policy. We worked with his employer to ensure that our client’s rights under the Family Medical Leave Act (FMLA) were recognized. He was then able to file for disability benefits, which were awarded to him. He is currently receiving these benefits, and remains on claim.