For the formerly hard working employees whose employers purchased disability policies through Unum and are now fighting to get their benefits, the company's glowing press release is of little help. We work with many individuals who have had to fight to get their benefits from Unum. If you are having a problem with Unum, or any of the big name disability insurance companies, call our offices now at 1-877-LTD-CLAIM (877-583-2524) and learn how we can help.

Video surveillance is a relatively inexpensive way for insurance companies to gather additional information about the life and daily patterns of a claimant. It's also a great tactic to intimidate policyholders. See our blog on a Good Morning America investigative news story concerning a Florida man suffering from Multiple Sclerosis. Hartford Insurance tried to scare him with a videotape, and then backed down when the powerful news show exposed this bullying practice.

Not everything that appears on video, however, is what it seems. If the videotape is being reviewed by the insurance company, chances are they will ignore the slight limp in a woman's gait. Or that the man only left the house once during an entire week - hardly "normal" behavior for a healthy person. Instead, the focus will be on the self-serving needs of the insurance company.

What should you do when an investigator shows up in your driveway with a tape? Ask for a copy. And call an experienced disability insurance attorney. There's a lot more to any picture than meets the eye. An experienced disability insurance attorney knows the strategies used by private investigators to build the insurance companies case as well as they know the law.

If you are being videotaped, call us. If you've been presented with a videotape and a surveillance log and the insurance company is delaying your benefit payments, call us. This is one battle you don't want to fight alone.

The same holds true for a sick or injured person with a disability insurance claim who is not getting the right treatment from the disability insurance company. You need to focus on getting better and taking care of yourself. Your advocate should be an attorney who will fight for you, who has the experience, knowledge and the aggressiveness required to do battle with a large company that simply doesn't care.

If you read through our case studies on the blog and on our website, you will see how Frankel & Newfield fights for our clients. Our determination and relentless advocacy are well known by the insurance companies. If your disability insurance claim has been denied or is being delayed, if you are considering a settlement, call our office at 1-877-583-2524 to learn how we can help.

Almost immediately prior to turning 65 the doctor became totally disabled based upon bi-lateral carpal tunnel syndrome. We immediately notified UNUM that the doctor was unable to perform any of the material and substantial duties of his occupation because he was totally disabled based upon an injury.

Not surprisingly, UNUM stopped paying benefits at age 65, stating that he was not totally disabled and furthermore, that carpel tunnel syndrome was not an injury.

Once again, a disability insurance company is trying to stop making payments. At over $20,000 a month, the doctor, has already received more than $2.4 million in benefits, based upon a sickness - not payable for lifetime benefits. Not hard to figure out why UNUM would want to cut him off.

Our firm was retained to represent him in an appeal, and with aggressive representation, we were successful. After performing extensive research, developing and attacking the underlying bases for UNUM's position, and submitting an Appeal to UNUM addressing these issues, we were able to convince UNUM that carpal tunnel was an injury and not a sickness warranting benefits for life.

Now the doctor will receive full payment - over $20,000 per month - for the rest of his life.

They started with a peer review, where an outside company hired by the insurance company engages one of its repeat offending paper reviewing doctors to perform a selective review our client's medical records. We had worked with our client's doctors to make sure that their files properly and specifically documented not just his condition, but the severe limitations that his condition created. Our doctors swiftly and thoroughly rebutted the insurance company doctors' claims.

We followed with an aggressive attack on the peer reviewing doctor's opinions, which was clearly falsifying his diagnosis and failing to accurately review medical records. The paper reviewing doctor's opinions were slanted by the peer review company in order to give the insurance company only what it wanted, and not the unbiased and honest review that they are allegedly hired to provide and which is legally required by ERISA, a federal law.

Our next level of attack involved a rebuttal of the insurance company's surveillance, which had videotaped our client in his yard, mowing the lawn for a few minutes. We forcefully attacked their surveillance, relying upon a recent Good Morning America broadcast and case law that revealed the treacherous use of surveillance on disability insurance claimants by Hartford and other insurers.

The results speak for themselves. Our client's claim has been reinstated, and he received full back benefits and reinstatement to his employer's other employee benefits.

Thankfully, some courts are beginning to see through these issues. One court recently rejected a claim termination that was based upon a "result driven" FCE. The FCE, which concluded that a claimant could perform greater than sedentary work over an eight hour day, was rejected, in large part because the examiner focused upon the puported self-limiting behavior, rather than relying upon the testing and observations for assessment of functional ability. Lowery v. UNUM Life Ins. Co.

Many insurers seek FCE's even where the policy does not specifically permit the right to conduct such an evaluation. In these instances, we typically aggressively challenge the insurers' right to the evaluation, based upon policy language, as well as legal challenges concerning the reliability of the test results, and medical challenges to the safety of such evaluations.

If your insurer is attempting to compel you to attend an FCE, we strongly urge you to engage counsel to protect your rights.

In language that can be offered to other Courts throughout the country, the Judge stated that while "plaintiffs seldom if ever prevail when the standard [abuse of discretion] is applied. But seldom if ever cannot mean never at all, or the promise made to claimants that federal courts will review their benefits decisions for abuses of discretion would be a cruel and illusory exercise." McGahey v. Harvard University

Frankel & Newfield does not represent clients with Social Security claims. If you have a disability claim through a plan offered by your employer or a private disability insurance policy and you are concerned about protecting your benefits, call us.

The Prudential disability insurance policyholder was a Vice President with a global financial company, with a disability insurance policy commensurate with her income level. She suffers from several severe orthopedic conditions, including coccydydnia and lumbar radiculopathy. She is unable to sit in a car or at a desk, and the intense pain makes it impossible for her to perform at the high levels that got her to the senior position she held.

Prudential first delayed, then denied the claim. We knew that the high dollar value of the monthly benefit was the real reason the disability insurance company was trying to stop her claim. We also knew that she could not work, and deserved the benefits in her policy. Prudential brought in an insurance doctor whose presence always signifies a serious and expensive claim. We were ready.

Effectively utilizing our client's treating physician, we delivered a powerful rebuttal to the peer review and clearly demonstrated that our client was entitled to the benefits in her contract. Today, she is back on claim, receiving monthly checks, and we continue to manage her claim to make sure that her interests are protected.

If you are having trouble with a Prudential disability insurance claim, call our office toll-free at 1-877-LTD-CLAIM (1-877-583-2524).

Moral of the story - when you are disabled and on claim, everything you do can and will be used against you. Insurers are going to all lengths to terminate or deny claims. By putting yourself out in the public eye, whether through a television reality show, live radio call-in show, Twitter, FaceBook, MySpace, or any public forum, can and very likely will have a negative impact on your 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.

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.

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).

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.