An Appeal Gone Wrong

A 56 year old man, disabled for two years due to cancer, chemotherapy, spinal injury, and chronic pain, was denied continued long term disability benefits when his status changed from “Own Occupation” to “Any Occupation” under his insurance policy, despite the fact he was receiving Social Security Disability benefits. He appealed the denial of benefits, but his appeal was misplaced by the insurance company.

The man retained David Allen & Associates to gain a response from his insurance company regarding his appeal and further work to obtain benefits as necessary.

The insurance company initially refused to reconsider the appeal.

Following filing of suit in the Eastern District Federal Court, the Honorable Lawrence K. Karlton ordered the insurance company to consider the appeal on January 14, 2008. Attorneys at David Allen & Associates assisted the man with compiling records to supplement the appeal which was finally reviewed by his insurance company.

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