Frankel & Newfield Protects Client from FCE Test

Issue & Result:
Our 45 year old client, suffering from Chronic Fatigue Syndrome, was requested to undergo a Functional Capacity Evaluation (FCE) test, which are usually not legally required, and often pose potential harmful dangers to clients already suffering from disabilities. We challenged the disability insurance company’s right to conduct this test, and the insurance company backed off. Our client’s disability benefits continue to be paid.

Orthopedic Surgeon Who Can No Longer Operate Entitled to Residual Benefits

Issue & Result:
When our client could no longer perform surgery, he continued to manage and perform as an administrator in the office. We reviewed his policy and determined that he was entitled to residual benefits for a period of time prior to the time of total disability. We advised him on how to file for the residual claim for the earlier time period, and helped him secure significant additional benefits. He did not need us to pursue the claim aggressively but we were ready if the need arose.

Long Term Disability Insurance Claims and Family Medical Leave Act

Issue & Result:
Our client was fired from his job even though his employer was well aware that he had been diagnosed with a psychological condition. Because he had been fired, he was unable to file a disability claim under his employee policy. We worked with his employer to ensure that our client’s rights under the Family Medical Leave Act (FMLA) were recognized. He was then able to file for disability benefits, which were awarded to him. He is currently receiving these benefits, and remains on claim.

Frankel & Newfield Secures Transition to Any Occupation

Issue:
Hartford was conducting its "any occupation" transition review of our client, who has not yet received an award from Social Security.

Result:
By working with the treating doctors, we developed strong support to smoothly transition our client through the definition of disability change and permit a continuation of benefits.

Frankel & Newfield Effectively Rebuts Negative IME

Issue:
Our client underwent an orthopedic IME which resulted in a finding of no impairment. Client was also denied Social Security benefits.

Result
Frankel & Newfield secured a reinstatement of the claim with all benefits paid to current by working with the treating doctor to rebut the IME report and attack the credibility of the process.

Frankel & Newfield Procures Benefits of Terminated Employee

Issue:
Our client was terminated from his employment even though he suffered from a psychological condition that his employer was aware of. As a result of the termination, he was unable to file a disability claim. We needed to have the employer recognize his rights under the Family Medical Leave Act ("FMLA") and permit him to file his claim for disability benefits.

Result:
Our client is currently receiving his disability benefits and remains on claim.

Frankel & Newfield Procures Arrears on Residual Claim

Issue:
Our client, an orthopedic surgeon, advised us that that he sought to file a claim for total disability benefits, having stopped performing surgeries, but still working in the office. We advised that a claim for residual disability benefits existed for a period prior to the time of total disability claim

Result:
The client was able to secure significant additional benefits from the strategy of filing a residual disability claim for the earlier time period.

Frankel & Newfield Protects Claimant From Undergoing Functional Capacity Testing

Issue:
Our client was requested to undergo an FCE, which would likely have been utilized by the insurer to terminate the claim.

Result:
Our challenge to the insurer's "right"� to this testing resulted in the insurer backing away from seeking an FCE, and the continuation of the client's claim.