New Jersey Disability Lawyer Blog

Ms. Rafel recently won an administrative appeal filed on behalf of her client suffering from Parkinson's Disease. Prudential Insurance Company had denied benefits claiming that there was no proof that the physical symptoms were so disabling as to render him unable to work as a retail stock broker. Prudential relied solely on its own medical consultant and nurse to support their case. Rafel pointed out her client's problems controlling his movement as well as the cognitive deficits that have affected his critical judgment skills and ability to recall. Rafel documented that medications for the Parkinson's Disease symptoms caused side effects that contribute to his inability to work. She elicited the cooperation of her clients' treating doctors, including Susan B. Bressman, MD a board certified Neurologist who specializes in movement disorders at the Department of Neurology at Beth Israel Hospital in New York City. Each doctor completed comprehensive questionnaires that Rafel staff formulated to respond to Prudential's review. Thankfully, benefits will now resume and hopefully continue until this client reaches the age of 70.

Bonny G. Rafel announces that she recently convinced US Life to reinstate the Business Overhead Insurance benefits to her client, an orthopedic surgeon, after denying benefits on the basis that he can still perform the duties of an orthopedist in an office based setting. The insurance policy was issued through the American Medical Association, and provides important business overhead expense insurance coverage to doctors who become unable to perform the material and substantial duties of their occupation due to disability. The company determined that the doctor was not totally disabled but only residually disabled, which did not obligate them to pay the benefits. Ms. Rafel argued that the specialty practice of her orthopedic surgeon client was conducting surgery and his inability to perform this crucial task qualified him for benefits, even though he could continue with his office practice and his income may not be affected.