November 2009 Archives

FRANKEL & NEWFIELD WINS APPEAL FOR HIGH INCOME MET LIFE POLICY OWNER WITH "RED FLAG" CONDITIONS

Our client suffers from Fibromyalgia, Chronic Fatigue Syndrome, Irritable Bowel Syndrome and Post-Traumatic Stress Disorder. Claims based on these particular illnesses always send up a red flag to a disability insurance company's claims department. Add to that her position as a high-earning employee at a leading national consulting company with a high monthly benefit and the result is almost always a denied claim. A Met Life nurse reviewed the file and claimed that there was no evidence of impairment or cognitive deficits. We worked closely with our client's treating doctors to prepare a strong appeal, with solid arguments, and we won. She is now on claim.

Certain impairments set off red flags, as do high monthly benefits. If you are in this situation, call our office today and learn how we can help.

November 25, 2009

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The New Insurance Paradigm - Blame the Insured

As experienced disability attorneys, we at Frankel & Newfield have seen the worst from third party administrators, claim adjusters, doctors for hire and investigators.

But a recent article in a leading insurance industry publication featured a subtitle that even we found infuriating. "As bankruptcies soar, some claimants eye insurers for their personal bailouts." No individual we know would choose to suffer from a chronic illness or injury that prevents them from leading a fulfilling life, having a regular job and good health.

Employees of companies that have closed their doors as the result of the current economic climate are not slackers seeking a handout. And if their illness or injury coincides with a company's shutting down, we don't think that should be a punishable offense. If you are disabled but fear what might happen if you stopped working, call our office at 1-877-LTD-CLAIM (877-583-2524). You don't have to go it alone.

November 18, 2009

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Good Morning America Continues to Report on Outrageous Acts of Disability Insurance Companies

Frankel & Newfield applauds Good Morning America as one of the few news outlets reporting on the outrageous actions of disability insurance companies.

Earlier this year, GMA reported on a Florida man with Multiple Sclerosis who was told he wasn't sick enough to collect disability benefits. The same team has revealed a case where The Hartford is trying to cut off payments to a man whose broken neck makes it impossible for him to work. Three doctors and the Social Security Administration have declared Mr. Whitten disabled. After paying a monthly benefit for five years, The Hartford hired an investigator to videotape the man and then showed the tape to Mr. and Mrs. Whitten in an attempt to intimidate them. Then, his benefits were cut off. Eight days after reporters from GMA called the company to ask about the case, his $2100 monthly payments were reinstated, and sent him a check for $45,675 for past benefits.

Frankel & Newfield has represented many policyholders who are put through the same torturous pattern: the disabled person receives benefits for a number of years, and then the insurance company seeks to shut down the claim, using a variety of techniques similar to those The Hartford used against Mr. Whitten.

Hartford is just one of many companies that utilize surveillance and other techniques to terminate claims. Claimants need to be vigilant while on claim and should consider engaging attorneys to manage the claim process to prepare for possible challenges. If you are on claim and have concerns, call our office at 1-877-LTD-CLAIM (877-583-2524).

November 13, 2009

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Disability Insurance Forums - A Helpful Source

A helpful forum where policyholders and disability insurance sources meet online is www.disabilityinsuranceforums.com. We are not affiliated with the forum, but we do occasionally participate in the discussions. One common thread that we see is surprise at the callous attitude and uncaring responses of disability insurance companies and their representatives. We have been fighting insurance companies for so long that we don't expect the insurance companies to be kind or respectful to policyholders.

Another common question concerns the amount of claims payments. Policy holders are usually content to accept whatever the insurance company decides to pay, without checking whether it is the correct amount. In some instances, the insurance companies discover an overpayment error, and the policyholders are in dire straits when they must return the funds. Other times, policyholders are stunned when they learn that the disability insurance company offsets their payments - deducts the amount that Social Security Disability pays.

Long term disability insurance claims is a complex legal insurance matter, where big companies bring all of their resources to bear on individuals struggling to manage a life-changing illness. If you are having a problem with a disability insurance claim, or are interested in negotiating a settlement, call Frankel & Newfield at 1-877-LTD-CLAIM (877-583-2524). You don't have to go it alone.

November 10, 2009

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Suffolk Dental Bulletin Features Article on Dentists and Long Term Disability Insurance Challenges

The October issue of the Suffolk Dental Bulletin features an article by Justin Frankel and Jason Newfield on the special challenges facing dental professionals concerning Long Term Disability Insurance policies. No matter how up to date and ergonomically correct dental equipment may be, dentists tend to have back, shoulder, arm, wrist, hand, head and neck problems as a result of years of repetitive movements and maintaining an awkward position while caring for patients.

Disability insurance companies in the past considered dentists one of their prime markets for personal disability policies. Dentists could afford the high premiums of private policies, and the statistics indicated lower claim rates than other professionals. But when it comes time to file a claim, dentists are subject to the same treatment as other policy holders - delays and denials.

Frankel & Newfield has a tremendous amount of experience working with dentists who are surprised when their LTD insurance company balks at paying a claim. If you are about to file a claim, or if you are having a problem with your disability policy, call our office at 977-LTD-CLAIM ( 877-583-2524). We can help.

November 3, 2009

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