Need Good LTD Attorney
 

Hi All:

After getting Long Term Disability (LTD) Benefits from Prudential for a year, They stopped by benefits due to my not being able to see my Neurologist since Sept. They didn't take into account problems related to my neck injury, which was the orginial reason I got LTD benefits in the first place.

Does anyone know a good LTD attorney to appeal Prudential's denial? I would also like to hear everyone's experience with LTD attorneys, both good and bad. I would like to know what attorneys to avoid as well as knowing good attorneys.

I have talked to a couple of attorneys, but they want on average $5,000.00 plus to appeal the denial. I am willing to pay, if they have good track records for getting people's benefits restored.

I also get SSDI benefits, so I have a good chance of getting my LTD benefits restored, if I have a good attorney.

It doesn't matter where the attorney is located, due to the nature of LTD policies.

Any and all information is greatly appreciated.

Pokeno

If you aren't seeing a doctor,your SSDI benefits could also be lost. If you have more than one disability and seeing more than one doctor,then you might have a case against the LTD carrier.

not seeing a doctor
 

i agree with boomer,in that if you haven't seen a doctor in a while your ssdi benefits could be in jeapardy also.part of a person's responsibility while recieving ssdi benefits is to continue to see your doctor on a regular basis so that when the time comes for social security to review your case you'll have all the evidence to keep benefits going.however,if you haven't been seeing a doctor on a regular basis social security will see this as your disabling condition has improved and they will terminate benefits.this has happened to quite a few people who i know who were collecting ssdi benefits.

I am SOOOO sorry to say that depending on what state you live in, your LTD policy may not be worth the paper it is printed on. I learned this from a friend who went through MUCH the same thing a couple of years ago. :(

You need to check this out:
http://www.disabilityhappens.com/how...worthless.html

Basically, what happens is this -- LTD policies will pay for about a year in most states. THEN, they will find SOME reason to deny coverage. If you are PERSISTENT, they will send you to one of THEIR doctors, who will most likely find you NOT disabled (under the policy's "broad" legal language). You CAN fight this. But, I cannot promise you that you will win. My friend suffered an injury due to the LTD doctor's rough examination -- and after threatening a lawsuit, I sincerely feel that is the ONLY reason that the LTD payments were re-instated.

SO sorry to be the bearer of bad news. :( I suspect this is why the attorneys you have interviewed want so much $$$$.

Hi pokrno
 

Welcome to Neuro Talk. I agree with the posts that mention going to your doctor. Keeping your SSDI is important to your case no matter which way you go with it. You need to keep up with your physicians to get a fair chance. I wish you all the best. sorry these systems are so hard on people. Getting my disability was a struggle to put it mildly. I hope you are able to get the lawyer who will do right by you. ginnie

My husband just started on LTD. They state first year disability is based on if "you are not able to do your current job". The second year states "you are not able to do ANY job". That is how most folks get denied after the first year.

Not sure the legal language for Prudential, but you should check their guidelines for considering someone disabled.

Husband got a denial for SSDI today; our first try. Our LTD carrier did say if he got denied to call them and they will provide a lawyer for free. So guess that is our next step.

--------------------------------------
Hi All:

Thanks for all your replies. I continue to see the pain managament Dr. who certified my disability, in order to get LTD Benefits in the first place. I finally am seeing the Neuro again.

Prudential uses the same standard language that 90% of LTD Ins. Co use. The Attorney costs are quite high to fight them, just to get my benefits re-instated:
$350.00 just to review Prudential's file on me and have an "in-depth" discussion with me as to the best approach to appealing the denial. After that the costs are $350/hour plus all kinds of expenses imaginable. I have an option of giving them $5,000.00 up front, and when that is used up give then another $5,000.00 etc.

Otherwise, they will bill me on a monthly basis.

I far as I can tell these expenses will add up quite quickly and need to be quite frugal as all I have now is SSDI benefits to survive on right now.

I think I have a fairly decent change of winning the appeal, however I have heard many stories of these LTD attorneys simply racking up expenses without producing good outcomes for us.

I live in California, but from what I can tell, employer provided LTD benefits are pretty much the same in all states and it really doesn't matter what states the attorneys are licesnsed to practiced.

Again, I am very grateful for all your replies and information.

Here's to a happy and healthy weekend

Pokeno

I applied for benefits on my LTD policy (through my employer) at the same time I applied for SSDI. I was granted both in about 2-3 months. That was ten years ago. My LTD still sends a check every month and deposits money in a defined benefits pension. Not all LTD companies are bad! TIAA has treated me well.