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Another long term disability claim is reinstated after Disability Attorney Alexander Palamara successfully argues The Standard mishandled preexisting condition investigation

Insurance companies often deny benefits based on an inability to complete a preexisting condition investigation without any consideration to the merits of the disability claim. Unfortunately, an insurance company’s inability to complete a preexisting investigation is often due to its own mismanagement of the claim file and lack of due diligence.

Prior to becoming disabled, our client worked as a Police Officer for the Metropolitan Police Department (Government of the District of Columbia). Unfortunately for our client, after being involved in a motor vehicle accident and suffering from ongoing back, neck, and shoulder pain, he was denied benefits based on the insurance companies alleged inability to complete its preexisting condition investigation. The Standard denied the claim despite acknowledgement by its medical reviewer that limitations and restrictions were in place that would prevent our client from performing the duties of his own occupation.

Like most group disability insurance policies, our client’s insurance policy provides an exclusion for preexisting injuries which states that there is no coverage for a disability that is caused or contributed to by a preexisting condition. When our client filed his claim, the Standard initiated a customary investigation into any preexisting conditions which included a request for certain pharmacy records and records from a certain physician regarding a recommended diagnostic test.

Unfortunately for our client, despite providing the Standard with the release for the pharmacy records and advising the claims handler that he never underwent the recommended diagnostic test, his claim was denied.

Alexander Palamara of Dell Disability Lawyers Files Appeal

After speaking with the client, it was readily apparent to Attorney Palamara that the Standard’s decision to deny benefits was incorrect. It was clear that our new client was not capable of performing the material duties of his own occupation, he did not have a preexisting condition, and the Standard’s denial for being unable to complete its preexisting condition was improper, likely a mismanagement of the claim investigation.

After gathering The Standard’s claim file and updated medical records from our client’s treating physicians, an administrative appeal was drafted to challenge the denial. Our appeal highlighted the errors in the handling of the preexisting condition investigation, presented all of the information necessary for the Standard to complete its preexisting condition investigation, and presented all of the medical information supporting our client’s restriction and limitations.

A few months after the appeal was filed, our client, was approved for benefits and continues to receive benefits to this day. Although our client was without benefits for nearly a year, he is happy to be on claim. He also knows that he can trust Dell Disability Lawyers to keep him on claim until he is able to return to work or until his policy expires.

If you have been denied disability benefits by the Standard or any other disability insurance company, please do not hesitate to contact Attorney Alexander Palamara at Dell Disability Lawyers for a free consultation.

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Standard Reviews

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Standard

Standard insurance just dropped me with no communication with me.

Reviewed by D Larson on October 4th 2023 Verified Policyholder | June 2019 date of disability

I was put on Standard insurance by my employer in 2019. I was told by them when I was first on disability that I would be on this for the rest of my life. After 2 years of... read more >

Reply

Sent on October 4th 2023 by Attorney Gregory Dell

I am sorry to hear about your experience. Do you currently have a denial letter from them that you can email to me?

Standard

Standard is one of, if not the worse, company in the industry now

Reviewed by Anonymous Erisa Victim on December 5th 2019 Verified Policyholder

The Standard changed after the company was acquired by Japanese based Meiji Yasuda Life Insurance Company in 2016 and subsequently being delisted from the US stock exchang... read more >

Standard

Standard is one of, if not the worse, company in the industry Standard hasn't approved or denied my claim in over a year. They keep promising to look at it 'next week'

Reviewed by S.B. on August 22nd 2019 Verified Policyholder

My husband is covered by a Standard STD/LTD non-ERISA plan. He has a very rare neuromuscular disorder and was hospitalized in intensive care, was off work for 6 weeks (wai... read more >

Reply

Sent on August 22nd 2019 by Attorney Jay Symonds

S.B., this sounds extremely unusual and unreasonable, I suggest you contact our office and speak with one of the attorneys to address the specific questions you have re... read more >

Standard

I waited 5 weeks just to be told I can't receive benefits

Reviewed by Marissa on June 11th 2019 Verified Policyholder

After working overtime and stressing behind my job for the past 5 years, it resulted in me being diagnosed with retinopathy hypertension, at the age of 29, on 12/10/2018. ... read more >

Reply

Sent on June 11th 2019 by Attorney Gregory Dell

Marissa, I am sorry to hear of your diagnosis and the troubles Standard is giving you. Please contact our office at once for a free consultation. We would love to speak... read more >

Standard

The Standard will threaten to withhold your pay until you sign every document that they send you. The worst part is when they consider back payment for SSDI benefits

Reviewed by Gena on December 10th 2017 Verified Policyholder

First of all, the worst thing that could ever happen to a hard-working person is a permanent disability. Fighting to secure payment is hard enough when you are well. Let a... read more >

Standard

Standard's sudden denial was inexplicable

Reviewed by Linda on September 13th 2017 Verified Policyholder

I was placed on disability by my doctor with a diagnosis of Cognitive Impairment (supported by both a neurologist and a neuropsychologist) which severely affects my abilit... read more >

Standard

Standard has keep me jumping through hoops for years

Reviewed by Donna on July 26th 2017 Verified Policyholder

I have been on LTD with The Standard since September 2011. The have had me jumping through hoops for all these years. Very rude if I call and ask a question. They say they... read more >

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Sent on July 26th 2017 by Attorney Stephen Jessup

Donna, please contact our office with a copy of the denial letter so we can discuss in detail how we may be able to assist you in appealing the denial.

Standard

Mental health LTD should be covered under the Mental Health Parity Act

Reviewed by Kim V. on February 10th 2017 Verified Policyholder

My company contracted with Standard for our short and long term disability policies. In Jan 2014 I was on STD, which turned into LTD with a waiting period, which was tough... read more >

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Answered Questions by Our Lawyers

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Showing 8 of 28 Answered Questions

Q: Do I have to pay back LTD after receiving SSDI?

Answered on September 21st 2023 by Attorney Gregory Dell

A: Hello. In most group disability policies there is offset language which states you must pay back any LTD that ... Read More >

Q: Non-taxable benefits have become taxable.

Answered on May 31st 2023 by Attorney Gregory Dell

A: I am sorry to hear what you are going through. We have seen you exact fact pattern with tax on ssdi when you w... Read More >

Q: How do I ensure Standard makes a timely decision with regard to my claim?

Answered on December 8th 2020 by Attorney Alex Palamara

A: Matthew, we are sorry to hear that you are having difficulty with your claim. While the insurance company does... Read More >

Q: Why can my employer hold my disability check after The Standard sends it to them? Can I file a grievance with them?

Answered on September 11th 2020 by Attorney Alex Palamara

A: Lucas, it sounds like your claim for STD benefits is under a policy that is self-funded by your employer. Thus... Read More >

Q: Should I contact you before submitting my application for a private disability benefit?

Answered on July 10th 2020 by Attorney Steven Dell

A: It is in your best interest to contact us as early as possible if you think you are going to need to file a lo... Read More >

Q: Is there any case law in which a state government employee LTD plan decided to drop the 24 month mental health limitation? Has there been any success against a state government and Standard using ADA Title I (employee) and 3 (insurance company) from a discrimination basis?

Answered on May 10th 2018 by Attorney Alex Palamara

A: Marie, thank you for your compliments on our website. We strive very hard to get as much information out there... Read More >

Q: How can Standard deny my claim and expect me to work when I am disabled?

Answered on March 30th 2018 by Attorney Rachel Alters

A: Debbie, unfortunately this situation occurs often as there are two different departments reviewing your claim ... Read More >

Q: I'm waiting to hear back about my appeal. Should I hire an attorney?

Answered on December 1st 2017 by Attorney Stephen Jessup

A: Pam, if an appeal has already been submitted there may be very little an attorney could do at this point until... Read More >

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If you have an individual or group long term disability policy with Standard, you may assume that accessing these disability insurance benefits will be as easy as filling out the claim form and providing a release for your medical records. But regardless of which insurance carrier holds your policy, the disability process is rarely so simple. The below tips and ... Read More >

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The Standard Insurance Company sells multiple different long-term disability policies to dentist and other medical professionals. The difference in each policy is usually the definition of disability. In my opinion, the following definition of Own Occupation Disability sold by Standard is called an Own Occupation definition, but it is not a true Own Occupation policy. The following definition of Own Occupation... 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 >

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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 >

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Showing 8 of 375 Dell Disability Cases

Seven Surgeries and The Standard Still Denies Disability Insurance Benefits

Our client was employed with the State of Oregon as a Technical Support Representative. She sought disability through her employer provider LTD Policy with Standard due to low back, hip, and lower extremity pain. She had two hip, two knee and three back surgeries.After paying her for 1.5 years Standard hired a board-certified neurologist to perform a review ... Read More >

After Two Appeals The Standard Insurance Approves Short & Long Term Disability Benefits for Nurse

Prior to filing for disability, our client was a Registered Nurse employed as a Senior Case Manager for United Healthcare. Our client was a dedicated employee who enjoyed her work until chronic pain, frequent headaches, and resulting cognitive dysfunction forced her to stop working in July of 2018. Fortunately, her employer provided disability insurance coverage under two policies: UnitedHealth Group’s self... Read More >

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Fibromyalgia is a multifaceted illness that can affect every aspect of one’s life. While most people are aware of the debilitating pain and fatigue associated with Fibromyalgia there is a less known symptom of the condition that has as great an impact- memory problems known as “Fibro Fog.” Prior to filing a claim for disability benefits our client was a shareholding partner for a large national law firm ... Read More >

Standard overturns decision to deny disabled Project Manager long-term disability insurance benefits after first Appeal

Terry had worked as a project manager for a large national health group earning over $85,000 annually, until type 2 diabetes left him disabled and suffering from peripheral diabetic neuropathy, severe chronic pain, fatigue and depression.In addition to health insurance and other employee benefits his employer provided long-term disability insurance through Standard Insurance Company, based out of Portland,... Read More >

Another long term disability claim is reinstated after Disability Attorney Alexander Palamara successfully argues The Standard mishandled preexisting condition investigation

Standard Overturns Denial of Benefits to Shareholder of Major Law Firm

When Mr. L contacted us he had recently left a major law firm where he had been working for 27 years. Mr. L, a commercial finance and real estate transaction attorney, was forced to stop working due to debilitating symptoms from several medical conditions. He had been suffering from these conditions for several years but his symptoms had gradually worsened over time and eventually reached the point where he wa... Read More >

Disability Attorney Alex Palamara wins LTD Benefits for Police Officer Denied by Standard

Disability insurance companies are always trying to deny disability claims based upon a pre-existing condition.In this claim our client was a police officer in Washington DC and the Standard insurance company denied his long term disability benefits. In this claim we were able to get the Standard disability denial reversed at the ERISA appeal level.In th... Read More >

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Prior to contacting our office our client had been on disability with Standard due to Ulcerative Colitis and several other serious gastrointestinal conditions for the prior 36 months as Standard had determined she would not be able to perform the material and substantial duties of her prior occupation as an Office Manager. However, with the change in definition to the much maligned “any occupation” standar... Read More >

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California Federal Judge Orders Standard Insurance Company to Pay Disability Benefits to Teacher with Lyme Disease

In Tisha Entz v. Standard Insurance Company, Plaintiff Entz was a classroom teacher in Victorville, California from 1997 until she became too ill to work following the end of the 2014-2015 school year on June 10, 2015. She applied for her disability insurance benefit provided by her employer. She alleged in her claim for disability insurance benefits that her first day off work should be August ... Read More >

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Court Upholds Standard's Termination of Long-Term Disability Benefits

In Lopez v. Standard Insurance Company, the U.S. Court of Appeals for the Eleventh Circuit upheld Standard’s termination of long-term disability benefits to Plaintiff who, according to Standard, was not disabled from performing “any occupation.”Plaintiff went to work as a sheetrock applicator for Palm Harbor Homes, Inc. in May 2003. In late September 2005, he had to leave work due to groin pain and c... Read More >

First Circuit Finds for Plaintiff and Awards Retroactive Mental Health Benefits

In Jane Doe v. Standard Insurance Company, plaintiff Doe spent more than 25 years as an environmental attorney for a Maine law firm prior to become ill with depression and anxiety. She filed a claim for mental health disability benefits under the law firm’s disability policy. Her claim was approved, but based on a disability date of January 2012, when she claimed the date should be October 2011. Standard als... Read More >

Standard Insurance Wins Appellate Remand for Claimant's Own Occupation Disability Determination

Cheney v. Standard Insurance Company and Long Term Disability Insurance (Standard) is a case in which the U.S. Court of Appeals for the Seventh Circuit sent back to the Illinois District Court for resolution of several issues. One issue concerned whether or not the plaintiff was disabled from working within her own occupation.Overview of Relevant FactsIn 1991, the plaintiff, Carole Cheney, began workin... Read More >

Claimant is Ordered to Pay Attorney Fees to Standard for Failing to Exhaust Her Administrative Remedies

In Spath v. Standard Insurance Company, the plaintiff was injured at work and was initially granted disability benefits. Upon a review of the claimant's file, Standard changed its mind. On September 17, 2014, Standard sent Spath a letter telling her it had made a mistake and was immediately terminating her benefits. The letter told her she had 180 days to file an appeal and, if she did not, it would close her ... Read More >

Oregon Court Orders Standard to Pay Plaintiff Prejudgment Interest

The current case of Robertson v. Standard Life Insurance Company concerns the proper calculation of prejudgment interest based on the court's previous ruling that Standard had abused its discretion in terminating plaintiff's long term disability benefits. The original order was based on Standard’s denial of benefits under the "own occupation" definition of disability under its policy. To date, Standard has m... 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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