New Jersey Disability Lawyer Blog

Just recently, Bonny G. Rafel was successful in an appeal for a New Jersey woman who suffers from multiple conditions primarily associated with Crohn's Disease and the treatment necessary to treat this serious condition. MetLife Insurance Company denied her claim for Crohn's Disease. We knew that in order to succeed on her behalf, we would have to convince MetLife that the cumulative effect of her conditions and treatment impaired her ability to reliably function in any work setting full time. We coordinated our personalized efforts with her doctors who supported her claim and willingly completed our custom designed questionnaires to demonstrate that the treatment for her condition had actually caused some of the symptoms that now impair her. This includes Secondary Adrenal Insufficiency , a condition which often results from the long-term steroid regimen that accompanies treatment for Crohn's disease. Thanks to the help of her treating doctors, we were able to convince MetLife to reverse the denial just one week after submitting her appeal.

At Bonny G. Rafel we establish a good working relationship with our client's treating doctors to facilitate the exchange of information the insurance company is often lacking during their initial review.

Recently, I met with a 59 year-old medical professional who had been battling a degenerative muscular disease and was contemplating filing for disability benefits after years of battling through pain and limitations on the job. Despite the fact that his condition left him constantly having to send clients out to others in his field, this professional was reluctant to file for disability insurance because his experience in the field left him wary of the procedural hurdles the insurance company would throw in his way should he decide to make a claim for his rightful benefits. Even more shocking was that he was hesitant to make a claim despite paying eighteen plus years' worth of premiums.

Our team of lawyers and paralegals sat with him and together we prepared his submissions to the insurance company. He now enjoys the peace of mind that his claim has been approved, his life long professional practice ended respectfully and he has our firm as his liason with the insurance company so that he can focus on improving his health and daily life as much as possible.

If this story sounds like your own, don't let the fear of procedural hurdles and insurance company tricks prevent you from getting what is rightfully yours. Remember, this isn't charity, these are benefits that you rightly deserve, and even more importantly, have been paid for. If the prospect of dealing with insurance companies has left you wary of filing a claim for benefits even in the face of a disabling condition, hire a professional who has experience that will impact the outcome of your claim. A qualified attorney can take care of all the hurdles and roadblocks the insurance company puts up for you and make sure that you get the benefits and the quality of life that you deserve. Check our website, Bonny G. Rafel LLC

Disabled consumers filing bankruptcy face a dilemma; they need to continue to receive their disability benefits, but are legally obligated to disclose all "assets" on the bankruptcy petition. Consumers should note that by acknowledging this asset to the Bankruptcy court, the trustee in bankruptcy may be able to preserve this benefit from the creditor's reach, and protect the claimant's right to continue to receive this monthly benefit. If the consumer does not disclose this disability benefit on his petition, the insurance company paying the benefit may later claim they hid an asset.

Courts have used "judicial estoppel" to prevent a consumer from hiding the asset in bankruptcy court while seeking continued disability benefits in later litigation against the insurance company. See Acuna v. Conn. Gen. Life. Ins. Co.. Judicial estoppel means that a decision on the matter has already been made by a court and thus, the individual is prevented from bringing up the matter again in litigation.

Some courts draw an inference that the consumer had a motive to conceal the disability claim from the reaches of bankruptcy creditors, so a careful review of this interplay is vital. Bonny G. Rafel LLC can assist you with this difficult assessment.