Prudential Insurance Disability Claims

Are you or your loved one having difficulty getting disability benefits from Prudential Financial? Do not wait to contact Abell and Capitan Law. Our firm is well-versed in the disability claims process and knows how to help people recover all of the benefits they need and deserve.

Started in Newark, New Jersey in 1875, Prudential Financial has provided customers with service for over 140 years. The company has been ranked as the number one life and health insurance company by Forbes magazine and has acquired approximately $1.2 trillion dollars in assets. These facts indicate that Prudential is a well-managed and profitable company; nonetheless, they have often come under significant scrutiny for illegal business practices regarding long-term disability policies.

Group insurance for employers that Prudential provides includes short-term disability and long-term disability insurance, and Prudential claims that more than 85 percent of short-term disability decisions are made within the first 10 days of notice. Prudential also claims that over 93 percent of long-term disability decisions occur within the earlier of the benefit effective date or 45 days from first notice.

According to the Prudential webpage about long-term disability insurance, their policy may act as a safeguard to replace a portion of your lost income, and the company will even work with you to provide rehabilitation. While these benefits sound reassuring, Prudential has an unfortunate history of failing to follow through on their promises. If you or a loved one have been wrongfully denied long-term disability benefits by Prudential, the lawyers at Abell and Capitan Law are prepared to help.

If you or your loved one have had a disability claim denied or need help completing an application with Prudential Financial, know that you do not have to deal with these issues by yourself. You will want to seek the help of an experienced disability benefits lawyer.

Abell and Capitan Law can fight to make sure you get the disability benefits you are entitled to, and we won’t let powerful insurance companies like Prudential intimidate you or unfairly deny your claim. Our attorneys can discuss your situation and how we can help you when you call (267) 419-7888, fill out a contact form, or chat with us live to schedule your free consultation.

Do I Need A Prudential Disability Insurance Claims Lawyer?

You file a disability claim because you are injured or ill. You are not at your best and you need someone to work on your behalf to get you the disability money you need to pay your bills while you recuperate. Our attorneys know how to gather the correct, persuasive evidence that will support your case for disability, and we have the resources necessary to build the strongest claim on your behalf

We will also handle all communications and negotiate directly with Prudential to resolve you appeal and get a fair and reasonable amount of money for your disability claim. We have seen, over and over, that clients who hire us to obtain a disability claim get more money, and a better outcome, from Prudential.

The heart of the problem with Prudential disability insurance, in many cases, is the issue of acting in good faith. Essentially, this means Prudential disability insurance company should not try to deny benefits to their insured by relentlessly looking for reasons not to pay a claim, or to pay less than the insured deserves.

All disability insurance companies are required to act in good faith toward the people they insure. Abell and Capitan Law will make sure they act in good faith toward you.

Why Choose Abell and Capitan Law To Handle My Case?

Joe Capitan was named a Pennsylvania Rising Star by Super Lawyers in 2013, 2014, 2015, 2016, and 2017. He is a member of the Philadelphia Bar Association, Pennsylvania Association for Justice, and Pennsylvania Bar Association. He attended Bucknell University and received his Juris Doctor from the University of Miami Law School.

Erik Abell earned a Bachelor of Arts from the University of Kentucky and received his Juris Doctor from the Louis D. Brandeis School of Law at the University of Louisville. He regularly handles ERISA disability claims in federal courts throughout the country.

At Abell and Capitan Law, disability insurance claims are our entire practice. If you have been denied a disability insurance claim by Prudential, we want to talk to you. We will file an appeal and, if necessary, sue Prudential in order to get your disability claim paid. Call us today at [phone number] and we can discuss your claim. If we take your case, there will be no retainer or other fees. We only collect attorney’s fees if and when you get the disability benefits that you’re owed.

Types of Prudential Disability Insurance Claim Cases We Handle

At Abell and Capitan Law, our experienced disability lawyers are here to represent you at any stage of the process. We have extensive experience helping clients across the nation with:

Applying for Benefits

If you wish to file a disability claim with Prudential, the company requires the following steps:

  • Let your employer know that you will be filing a disability claim and ask them to complete the Employer’s Statement and submit it to Prudential.
  • Fill out all sections of the Employee’s Statement then submit it to Prudential. You may also submit the Employee’s Statement online at https://mybenefits.prudential.com/.
  • Ask your doctor to complete and submit the Attending Physician’s Statement.

A claim is filed once Prudential receives the Employer’s Statement, Employee’s Statement, and Attending Physician’s Statement. Prudential will notify you of its decision within 45 days of your filing. This period may be extended by 30 days if it is considered necessary due to “matters beyond the control of the Plan.” Make sure you provide all the requested information on time to prevent delays in the processing of your claim. A skilled disability attorney can help you with all aspects of the application process. It is highly recommended that you seek legal representation in the early stages of your claim as a lawyer can ensure your paperwork is properly filled out and submitted on time.

Appealing a Denied Disability Claim

If Prudential denies your disability claim, you will be notified by mail. They will give reasons in a letter as to why they chose to deny your claim. They will also send information about how to appeal the decision. Read the letter very carefully. It’s important to note when the deadline for making an appeal is. If you miss your deadline, you won’t be eligible to try to recover your benefits from Prudential again. Before you take any action, you should consult with a qualified disability attorney who has experience with Prudential cases. An attorney will be able to walk you through every step of the appeals process and place you in the best position to get the disability benefits you need and deserve.

 

You are also not able to file a lawsuit against Prudential before going through the appeals process. When you receive your denial notice, request a copy of your claim file from Prudential and bring it and your denial letter to your free consultation with the experienced disability lawyers at Abell and Capitan Law.

 

The attorneys at Abell and Capitan Law have been successfully representing Prudential disability insurance policyholders for years. If your claim has been unfairly denied or terminated, contact us at (267) 419-7888 to schedule a free consultation so we can discuss your options.

Litigating Bad Faith Insurance Claims

Insurance companies may take advantage of their customers by denying benefits, even if a claim is legitimate. They may do so by asking for unnecessary information, delaying the process, or working with doctors known to downplay an illness or injury. These tactics save insurance companies thousands of dollars while taking away needed benefits from loyal customers. Specific bad faith behavior that Prudential has been accused of in the past includes:

  • Switching claims representatives frequently, called churning, in an attempt to confuse the claimant and delay the claims process.
  • Claiming that they never received paperwork that you did, in fact, send in. Often the paperwork they claim they did not receive duplicates paperwork sent in previously.
  • Not fully reviewing subjective and objective medical reviews of disability.
  • Denying coverage due to a “pre-existing condition” they claim you misrepresented in your medical records and that doesn’t exist.
  • Delaying your claim because they said your medical records are not up-to-date.

Prudential has been accused of these tactics in several court cases, including:

  • Basham v. Prudential Insurance (Kentucky District Court, 2014): The client claimed the company never reviewed her long-term disability claim and the court found that she had appropriately filed the claim and required Prudential to make a fair review of the case
  • Nieves v. Prudential Insurance (Arizona District Court, 2016): The client sued Prudential after he was denied disability benefits due to ineligibility. Prudential claimed that, as Nieves was at work on the day he applied for disability benefits, he could not be disabled. The court overruled this decision and awarded benefits.
  • In 2017, Prudential settled a class action lawsuit brought by members of the military and their families for not paying certain disability benefits. The company paid them $40 million to settle the suit.
  • Michael J. Pacquin v. Prudential Insurance Company of America: The plaintiff was a business development director for Transistor Devices, Inc. (TDI) and he contracted West Nile virus, which led to him contract encephalitis and further caused him to sustain brain damage that left him unable to work due to cognitive disability. While he did receive 24 months of short term disability benefits,  and then another 11 months of long term benefits, Prudential terminated his benefits. The plaintiff sued. Fully 16 healthcare professionals, including 14 doctors or neuropsychologists testified in court. Of those 16 professionals, the only ones who agreed that Pacquin’s benefits should be terminated. To quote the court’s opinion “the only way that Prudential can succeed under the applicable standard of review is if it can show that new, material medical evidence indicates that Mr. Pacquin is no longer disabled under the terms of the Policy. I find that this has not been shown.”
  • Mary J. Vs. The Prudential Insurance Company of America: The plaintiff was employed by Harrah’s in Missouri. After working there for seven years, the plaintiff stopped working and filed a disability claim for degenerative arthritis in both knees. Prudential initially approved the claim but notified the plaintiff her disability benefits would run out at the end of 24 months. The plaintiff appealed but was again denied by Prudential, so she filed a lawsuit against the company.
  • Deborah D. Vs. The Prudential Insurance Company of America: In Georgia, a plaintiff filed a short-term disability claim against Prudential that included medical documentation, and Prudential approved the claim. But after the short-term disability term expired, the company terminated the benefits, saying not enough evidence of the disability was supplied by the plaintiff. The plaintiff supplied further medical evidence in the appeals process but the company denied the appeal.
  • Gerard L. Vs. Prudential Insurance Company of America and Anheuser-Busch Companies, Inc: The plaintiff, with serious medical conditions, filed for long term disability benefits. Prudential denied the claim and the plaintiff appealed, providing further medical evidence including an independent medical exam that concluded the plaintiff would not be able to work for at least a year. Prudential denied the appeal.

In each of these cases, Prudential has made inappropriate and dishonest decisions in order to avoid paying clients their deserved benefits. This behavior is not just wrong, but it is illegal and must be put to an end. Examples like this are proof that you need a good disability insurance claims lawyer to fight for your interests against Prudential. Because even when you are successful in getting benefits approved, the company may turn around next year and terminate your benefits, even if you are still disabled.

A good lawyer can protect your interests from Prudential’s bad faith dealings, get your claim approved and make sure the company doesn’t change their mind and “un-approve” you. Our attorneys are ready to help you get the benefits you need through thorough application submission, appealing denied claims, or litigating insurance bad-faith claims.

Because we understand our responsibility to you and your family, and we don’t think it is fair that you or anyone else should be treated in bad faith by Prudential or any other disability insurance company. Sometimes you need help, and we are proud to fight for your interests and get the money you and your family need to pay bills and live the best quality of life you can under difficult circumstances.

Frequently Asked Questions (FAQs)

Disability benefits can be subject to Federal Insurance Contributions Act (FICA) taxes when employers pay disability premiums in full, and Prudential may withhold FICA taxes from employer-financed disability benefits for six months after the last month that the employee worked. A person who pays for all or a portion of their disability premium with after-tax dollars will not be subject to FICA taxes but a person who pays all or a portion of their premiums on a pre-tax basis will be subject to FICA.

Some people may be requested to submit to IMEs in connection with Prudential’s supposed need for medical documentation of your injury claims. An IME is simply an examination performed by an insurance company’s selected physician instead of your own doctor, and you are right to wonder about what you are walking into because many IMEs are used by insurance companies to find reasons to deny disability claims. A person must be extremely cautious about how they answer questions they are asked during these exams, because certain statements could reflect a supposed ability to return to work and be used to deny you benefits. You should never agree to any IME until you have had the chance to speak to a lawyer first about the procedure and how you can ensure that your IME will not be used against you.

Possibly, but you need to be very careful here. A Prudential policy may contain a provision stating that the company will stop sending you payments and your claim will end if you are able to work in your regular occupation on a part-time basis but you choose not to. The company’s definition of working on a part-time basis could mean working and earning as little as 20 percent of your indexed monthly earnings. Always speak to an attorney about your ability to return to work and how it could affect disability your benefits.

Contact Us

The long-term disability attorneys at Abell and Capitan Law understand the importance of receiving the benefits you need. Our experienced lawyers are prepared to help you throughout the application process, if you have been denied, or if you are seeking to file a lawsuit. To discuss the specifics of your case, contact us at (267) 419-7888 today.

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