Mutual of Omaha Disability Help

After appeal filed by Attorney Jay Symonds, Mutual of Omaha overturned previous denial of short term disability benefits for Maine Senior Software Engineer

Our client, Mr. C, formerly worked as a Senior Software Engineer for a large computer technology company. In April 2016 a number of medical issues including, chronic pain syndrome, failed back syndrome, chronic low back pain, chronic sciatica, and severe lumbar radiculopathy forced Mr. C to stop working and submit his claim for disability benefits under his employer’s short-term disability (STD) policy, which was funded and administered by Mutual of Omaha (MOO). Under his employer’s disability policies Mr. C would be considered totally disabled if he was prevented from performing the material duties of his regular job. Regular job was defined as the occupation he was routinely performing when his disability began.

MOO denied Mr. C’s claim for short term disability benefits on the basis that he allegedly did not meet the policy definition of disability. Specifically, MOO determined that “restrictions and limitations from normal job duties would not be supported based on the available medical records.” After receiving the denial, Mr. C contacted Dell Disability Lawyers and discussed his case with Attorney Jay Symonds. Attorney Symonds identified several significant issues in MOO’s denial letter and in the evidence it relied on and agreed to prepare and submit Mr. C’s ERISA appeal with the assistance of his appeal team.

The STD appeal addressed all of MOO’s short-comings and reasons for denial, with a special focus on the medical records on and around the date of MOO’s denial. The appeal next addressed the fact that despite overwhelming medical support from his treatment providers, MOO denied his claim based on a medical records review by a registered nurse that lacked the necessary orthopedic experience to offer an opinion as to Mr. C’s condition or functionality. What’s more, the nurse reviewer misstated and mischaracterized the relevant medical evidence and ignored critical objective testing that confirmed the severity of Mr. C’s multiple conditions. The appeal also addressed the fact that although MOO concluded that Mr. C was not disabled under the terms of the Policy, there was nothing in the claim file indicating or even suggesting that MOO conducted a vocational analysis to determine whether Mr. C’s chronic debilitating physical conditions prevented him from performing the duties of his regular job as a Senior Software Engineer, which was intellectually complex, detail oriented and physically demanding. In fact, MOO never requested or reviewed Mr. C’s actual job description.

Approximately 6 weeks later, and after reviewing the appeal and hundreds of pages of exhibits and medical records as well as the expert reports, MOO overturned its decision to terminate benefits, paid full STD back benefits. Thereafter, Attorney Symonds and his team submitted an LTD claim on behalf of Mr. C, which was approved on initial application. Attorney Symonds continues to represent our client in his LTD claim to best ensure that MOO will not terminate his benefits again. Feel free to call our disability attorneys for a free consultation on this or any matter relevant to your disability claim.

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Mutual of Omaha Reviews

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1.7 out of 5

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66%

33%

Timely Payments

2.4out of 5

Handling Claim

1.9out of 5

Customer Service

1.8out of 5

Dependable

1.8out of 5

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Showing 8 of 660 Reviews

Mutual of Omaha

I do not understand how a “medical review team” who has never laid eyes on my wife can say she is able to return to work when her doctors who see her on a regular basis have documented that she can't

Reviewed by Dwight on November 14th 2017 Verified Policyholder

My wife fell three years ago and broke her back. She has been found permanently disabled and receives Social Security Disability Benefits. She has also been receiving Bene... read more >

Reply

Sent on November 14th 2017 by Attorney Stephen Jessup

Dwight, please feel free to contact our office to discuss the denial of your wife’s claim. It is unfortunately all too common that an insurance company denies benefit... read more >

Mutual of Omaha

THEY SCAMMED ME AND DID NOT CARE

Reviewed by Debbie on January 31st 2017 Verified Policyholder

We have had life insurance with Mutual of Omaha since 1998 with a chronic illness rider that we decided to use in 2016. Our policy was for 500k, they approved us for 66,95... read more >

Mutual of Omaha

This company is awful

Reviewed by Mike on December 17th 2015 Verified Policyholder

I think there should be laws put in to place to cover the average Joe. This company is awful. They say so much they don’t even know what lies they have told. My husband ... read more >

Mutual of Omaha

I would encourage anyone who has problems with Mutual of Omaha or United of Omaha to immediately contact an attorney.

Reviewed by Robbie Winder on July 24th 2015 Verified Policyholder

I would encourage anyone who has problems with Mutual of Omaha or United of Omaha to immediately contact an attorney. I want to talk about a specific situation in which I ... read more >

Mutual of Omaha

MOO attempted to strong arms me with collection tactics. Now, they're stalling

Reviewed by Jeff on February 11th 2015 Verified Policyholder

I was disabled in 2009 with a multitude of medical problems. I started a process with Mutual Of Omaha Disability. After months of jumping through hoops they finally decide... read more >

Mutual of Omaha

MOO stopped my husband's benefits before telling him. They handled his claim terribly

Reviewed by Jerry on January 30th 2015 Verified Policyholder

My husband has been on claim for disability insurance since July, 2008. He was found to be able to do sedentary work but had no transferrable skills in 8/2009 and benefits... read more >

Reply

Sent on January 30th 2015 by Attorney Gregory Dell

Jerry, you and your husband are certainly not alone in your dealings with Mutual of Omaha. Please feel free to contact our office to discuss how we may be able to assi... read more >

Mutual of Omaha

This company is very corrupt, Be aware

Reviewed by M. Girmes on January 28th 2014 Verified Policyholder

Please hesitate & educate yourself when deciding on short term or long term disability insurance via Mutual Of Omaha. The company is very corrupt. They speak to you like y... read more >

Mutual of Omaha

Mutual of Omaha is a rip off.

Reviewed by Genita Hill on November 13th 2013 Verified Policyholder

Mutual of Omaha is a rip off. When my husband died in 2011, they refused to pay his death benefit because they said he was disabled when I insured him. He retired from his... read more >

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Answered Questions by Our Lawyers

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Showing 8 of 18 Answered Questions

Q: Can I ask for another appeal?

Answered on July 13th 2020 by Attorney Alex Palamara

A: Giovanna, you should consult with the attorney(s) that represented you in your appeal to the Third District Co... Read More >

Q: I'm in jeopardy of losing everything because of MOO. Can you help?

Answered on March 3rd 2020 by Attorney Alex Palamara

A: Amy, first and foremost, I am sorry to hear of MOO’s delay tactics and the fact that they sound like they mi... Read More >

Q: Can MOO deny my claim on the basis of preexisting condition when my condition is not preexisting?

Answered on October 27th 2018 by Attorney Gregory Dell

A: Doomed, if your claim has been denied then Mutual of Omaha will give you the right to appeal. Pre-existing con... Read More >

Q: What is my "regular occupation" if I started my own business after resigning from my old job?

Answered on September 1st 2018 by Attorney Gregory Dell

A: Rachel, the answer depends on when you became disabled. If you became injured after resigning from your accoun... Read More >

Q: Am I able to work part time at a different job that is nothing like the one I was at when I was injured?

Answered on June 5th 2018 by Attorney Gregory Dell

A: Russell, whether you can work part time in a different occupation depends on the specific language of the Grou... Read More >

Q: Can I get a lump sum check from MOO?

Answered on May 10th 2017 by Attorney Stephen Jessup

A: Pam, Mutual of Omaha may be willing to negotiate a lump sum buyout of the remaining time on your policy, but t... Read More >

Q: Should I be able to restrict the release of medical records to under 24 months period?

Answered on March 20th 2017 by Attorney Jay Symonds

A: Connie, although you could attempt to limit the medical records to be released to Mutual of Omaha, the likely ... Read More >

Q: Should I write an appeal letter? What should it include?

Answered on March 3rd 2017 by Attorney Jay Symonds

A: Cam, if you are still within your 180 timeline to file an appeal it is imperative that you go through the appe... Read More >

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Disability Benefit Tips

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What is a "Gainful Occupation" under a Disability Insurance Policy?

The overwhelming majority of employer provided group long term disability insurance policies governed by ERISA contain two definitions of disability depending on what stage your claim is in. As discussed in depth throughout our website the two definitions of disability are what are commonly known as the “Own Occupation” and “Any Occupation” definition of disability. As they imply, the former is an eval... Read More >

Can my insurance carrier deny my benefits even if there is no change in my medical condition?

Insurance companies frequently terminate long term disability benefits after paying a claim for several years, even when the claimant's condition remains the same. It would seem unfair that one's benefits can be cut off when their disabling condition has not improved or changed in any way. However, it is quite common that a person who has been on disability for several years, who has been approved for "any occ... Read More >

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When it comes to securing your disability insurance benefits, it's vitally important that your disability insurance lawyer thoroughly understands the symptoms and impact of your disabling condition. Doctors can help you create strong medical records, but they're not accustomed to dealing with the rigorous documentation disability insurance companies require. Lea... Read More >

Disability Benefit Denial Reason #5 – Your Medical Evidence is Weak

If you're seeking long term disability benefits from an insurance company, you may be concerned that you're facing an uphill battle. Fortunately, the stronger your medical evidence, the greater the odds that your claim will be approved. On the other side of the coin, one of the most common reasons for denial of long term disability benefits involves too-weak med... Read More >

Disability Benefit Denial Reason #4 - Your Doctor Is Misled By the Disability Company

When you're seeking disability insurance benefits, your medical records and treating physician's statement are two of the most important components of your claim. But because the insurance company has a vested interest in denying your disability insurance claim, it often will rely on tactics like ambushing your doctor with a phone call in an attempt to get them ... Read More >

Disability Benefit Denial Reason #3 - Video & Social Media Surveillance

One thing many disability insurance claimants don't know about (or expect) from the claims review process involves video and social media surveillance. Disability insurance carriers often hire people to follow claimants around with a telephoto lens - or even send social media friend requests from fake accounts - to glean whatever information they can about the c... Read More >

How Do You Fight a Long-Term Disability Denial?

Getting a denial letter from your disability insurance company is one of the ultimate insults. You are sick and not able to work, yet your disability insurance company is telling you to return to work. The disability insurance company has denied your disability benefit claim and is basically calling you a liar. When receiving a disability denial letter or a ph... Read More >

Disability Denial Reason #2 - Change of Disability Definition & Vocational Review

One of the top reasons for terminating a claimant's long term disability benefits involves the change in the disability insurance policy's definition of "disability." This definition change often happens in conjunction with a vocational review, or an analysis of a claimant's medical records that tells the insurance company which jobs the claimant should be able ... Read More >

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Dell Disability Cases

(375)

Showing 8 of 375 Dell Disability Cases

After appeal filed by Attorney Jay Symonds, Mutual of Omaha overturned previous denial of short term disability benefits for Maine Senior Software Engineer

After an appeal, a former Director of Information Security, gets disability benefits approved for mental health disorder. The fight for long term disability benefits for client’s physical limitations continues

After a very long fight, a former employee of the National Student Clearinghouse is now on claim after an administrative appeal filed by Dell Disability Lawyers. Prior to filing for disability, our client was a Director of Information Security responsible for security strategy, security programs oversight, and security development for an online national student degree and enrollment verification database. Howe... Read More >

United of Omaha overturns decision to deny benefits to disabled Quality Assurance Manager after Appeal discredits its medical review and vocational assessment

In 2016, Cathy, a Quality Assurance Manager for a medical device company, sought surgery for a tear in her right rotator cuff. Cathy fully expected to heal, recover and return to work. However, disappointingly, things did not turn out quite like she expected. After continuing to experience pain, discomfort and restriction in her right shoulder range of motion, she discovered that her shoulder did not heal prop... Read More >

After appeal filed by Attorney Jay Symonds, Mutual of Omaha overturned its previous denial of short term disability benefits for Colorado Senior Manager

Our client, Ms. J, formerly worked as a Senior Manager of a treatment facility. In October 2016 a number of medical issues, including fibromyalgia, chronic pain syndrome, chronic fatigue and depression forced Ms. J to stop working and submit her claim for disability benefits, first under her employer's short-term disability (STD) policy and then continuing under its long-term disability (LTD) policy. The STD c... Read More >

Mutual of Omaha Reinstates Benefits of Business Development Manager after Appealing the Termination of Her LTD Benefits

Our Client, a successful Business Development Manager began experiencing severe physical limitations resulting from fibromyalgia, low back pain, L4-5 spondylolisthesis, L4-5 degenerative disc disease and chronic fatigue. As a result she was unable to perform with reasonable continuity at least one of the material duties of her regular occupation on a part-time or full-time basis.Denial Based Solely on Nurs... Read More >

Dell Disability Lawyers Successfully Appeals Denial of Benefits to Quality Control Inspector

Pre-disabilityBefore going on disability, Mr. M was working as a quality control inspector for Tam International. In 2009, after years of service, Mr. M sustained an injury while at work and he was forced to file a claim for disability with his employer sponsored disability plan. His claim was based on low back pain, osteoarthritis, neuralgia, radiculitis, neck pain, shoulder pain, muscle spasms, headaches... Read More >

Mutual of Omaha Approves Dell Disability Lawyers Client for Short Term Disability Benefits After Administrative Appeal

Our client previously worked as a Senior Accountant/Office Manager for Maccaferri, Inc. Due to her employment at Maccaferri, she was covered under both a Short Term Disability Insurance Policy and a Long Term Disability Insurance Policy that insured that should she become disabled she would be able to receive a percentage of her prior monthly earnings. Although that day was never expected to occur, due to seve... Read More >

Mutual Of Omaha Overturns Denial of Short Term Disability Benefits for Software Developer With Chronic Back Pain

Regardless of how hard a person attempts to continue working with a disability, it is an effort that gets taken advantage of by the disability insurance company. Prior to filing for disability insurance benefits under her employer provided Short Term Disability Policy administered by Mutual of Omaha, our client was a successful Software Developer with a history of chronic back pain and prior surgery. She was t... Read More >

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Disability Lawsuit Stories

(765)

Showing 8 of 765 Lawsuit Stories

Mutual of Omaha Disability Denial Upheld by Appellate Court

In Giovanna Reichard v. United of Omaha Life Insurance Company (Mutual of Omaha or Omaha), Plaintiff, a nurse employed by a hospital, suffered from headaches, arthritis, Crohn's disease, and fibromyalgia. She eventually had to quit work because of her illnesses and applied for long-term disability (LTD) benefits through her employer's group-disability plan administered by Mutual of Omaha.... Read More >

Court Rules Against United of Omaha's Determination of Disability Date

The case of Greggory B. Owens v. United of Omaha Life Insurance Company demonstrates what a difference a day makes. All parties agreed that claimant Owens was entitled to long term disability benefits. The sole question in controversy was the date upon which he became disabled.On July 1, 2013, Owens suffered a debilitating back injury while moving furniture at work. At the time, his annual salary was $83,1... Read More >

United of Omaha criticized for relying on in-house medical review and failing to obtain independent examinations

This case was decided by a district court in Illinois and involved United of Omaha Life Insurance Company. An ERISA action was filed by the Plaintiff, Gina Tassone, after her LTD benefits were terminated. She had been paid two-years of regular-occupation benefits for her inability to work as a Finance Manager and like many group disability policies, her insurance policy’s definition of disability changed aft... Read More >

California Court Rules Disability Claim Accrues When Disability Terminates

In Gray v. United of Omaha Life Insurance Co. (United), after working for a southern California television station for 15 years and rising to the position of Vice President of Sales, plaintiff was injured in a car accident. He was completely bedridden for two months and was left with limited use of his limbs and suffered from chronic pain. He attempted to return to work, using a wheelchair part-time, but it wa... Read More >

Court overturns United of Omaha's termination of Plaintiff's benefits after performing an unfair "any occupation" review

In the case of Mokbel-Alijahmi v. United of Omaha Life Ins. Co., the 6th Circuit Court of Appeals affirmed the lower court's determination that United of Omaha improperly terminated the plaintiff's benefits after an unfair "any occupation" review. The Plaintiff in this case was a welder who spoke no English but was fluent in Arabic. His previous job required him to be able to lift 40 lbs.; however he did not n... Read More >

Registered Nurse Disabled By Plantar Fascitis Wins Long-term Disability Lawsuit Against United of Omaha After Judge Finds Evidence of "Cherry Picking"

From 2002 until 2010, Julia Sun worked as a Registered Nurse caring for quadriplegic patients. Her occupation could not be considered, as far as strength demand was concerned, anything less than a “medium” physical demand level occupation. The substantial and material duties of her occupation included caring, bathing, feeding, dressing and transferring patients. She administered their medications and asses... Read More >

Court Orders United of Omaha to Pay Death Benefit, Attorney's Fees and Prejudgment Interest

In Brown v. United of Omaha Life Insurance, United unsuccessfully tried to avoid paying a death benefit to Lloyd Brown III, the beneficiary of a life insurance policy chosen by his father, Lloyd Brown II. Ultimately, Brown III won, but the case was remanded to the district court to determine the exact monetary amount of his award as well as the amount of attorney’s fees and prejudgment interested to which Br... Read More >

Washington Court Finds Omaha Wrongfully Relied on Video Surveillance to Deny Disability Benefits

The court discounted the video surveillance, finding "The video surveillance footage was of marginal, if any, relevance." The court continued, "The surveillance video of Ms. Young does not depict activity inconsistent with her reported limitations. The video does not demonstrate Ms. Young has the ability to work full-time in her regular occupation." The court ordered that the plaintiff was entitled to long ter... Read More >

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Reviews from Our Clients

Keith G.

They were very professional with their responds and on time with keeping you inform about everything with your case. I would recommend My lawyer Stephen Jessup, he was on point with everything, thank you. You guys are awesome people to work with. God bless you guys.

Keith L.

I was not able to work as a physician for about 14 months due to neck/back issues. Even though I had 3 medical doctors explicitly state that I was not to work AT ALL as a physician at that time, New York Life (NYL) Disability Insurance denied my long term disability claim (which apparently they deny a high percentage of people similar to me- only they know why they do this to so many- I have my own suspicions). I was in pain from my medical issues and so frustrated with NYL considering I had many bills coming due. I then decided to call Dell Disability Lawyers. One of their attorneys, Alex Palamara, spoke to me on the phone right then to hear and understand my story and then offer ways he could help. Long story short, within a few months of me returning back to work, he was able to persuade NYL to pay me my long term disability claim. He (and his kind assistant, Tabitha) were always very helpful, informative, and available to me. I feel quite certain that NYL would NEVER have paid me what was appropriate based on my insurance agreement/ contract with them without the help of Alex. I highly recommend him/Dell Disability Lawyers. If you find yourself in a similar situation of disability insurance denial of your own personal/group policy, especially if you are a medical provider/physician like me, then consider contacting them for advice/direction PRIOR to appealing your claim on your own.

Kyle D.

Jay Symonds and his assistant, Sonia helped me tremendously. The insurance company that worked for my former employer did everything they could to make my life literally miserable. That all changed when I hired Jay. He and Sonia fought for my rights and forced the insurance company to pay what they should have.

If you have a disability claim hire Jay as if you go it alone the insurance company will screw you. Jay and Sonia will fight for everything you are entitled for. I couldn’t recommend them more highly.

Frank R.

I cannot say enough positive things about my experience with Dell Disability Lawyers. Attorney Stephen Jessup and Amanda offered an opportunity to provide clarity on a complex issue regarding my disability claim. Mr. Jessup offered advice on an offset to my claim after my insurance company asked for additional information from Social Security. With counsel from Mr. Jessup, I was able to address the outstanding issue with the Social Security office and provide my insurance company with the required documentation to address their concerns. Mr. Jessup always responded in a timely manner with expert advice and offered the opportunity for follow up. I strongly recommend Dell Disability Lawyers to those seeking legal counsel for disability matters.

Wesley D.

I have been able to help others as a soldier, a police officer, and a pharmacist. I needed help forcing the insurance company to keep their commitment to take care of me and my family. I called Dell. Alex, Tabitha, and their entire team were very compassionate, extremely patient, and extraordinarily knowledgeable. Many thanks Dell!

Samar A.

My husband had applied for Long Term Disability and was denied. We sought out Rachel Alters at Dell Disability Lawyers to help us with our appeal. Rachel and her team were so diligent and meticulous in every aspect of the process. The process was seamless, and we never had any doubts that she would get it done and that she did! We are forever grateful to Rachel and Catherine for all of their determination and tenacity to get us the outcome we needed and deserved.

We could not recommend better representation and are indebted to them for making us whole again. Thank you so much Rachel and team!

Jam

Alex Palamara is one of The Best lawyers in the world and Dell Disability Lawyers are the Best by Far. Alex and his Assistant Tabitha helped me get the compensation I needed for a Horrific Disabling heath condition I’ve been dealing with for over a year. Alex and his team were so professional and caring. They treated me like I was there own family. Alex Knowledge, Expertise and skills as a Lawyer is among the Best of the Best in his field and I would HIGHLY recommend that if you ever have any issues with any Insurance Company over your Disability issues, please don’t hesitate to seek out Dell Disability and Alex Palamara. They truly are Amazing and caring. Thank God for them. Outstanding Job Alex and Tabitha

G.T.

9 years ago when I had to apply for disability benefits from my private disability policy the insurance company ignored my inquiries until Dell and Schaefer represented me and I have received the benefits without interruption til my policy expired at age 65. I have appreciated not having to deal directly with the insurance company and having attorney Greg Dell and assistant Danielle Lauria handle all communications which included monthly progress reports. I thank them for their efforts on my behalf and highly recommend them to all those in need of disability benefits.

Misty A.

I’m so thankful I chose to reach out to the attorneys at Dell. They have always been quick to respond to any and all questions I have had. The anxiety I had while dealing with Lincoln Financial on my own has decreased immensely since Alex and Danielle took my case. They were able to get my LTD denial reversed and I am so very grateful!

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