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CB Insurance Services Review of Prudential Long Term Disability Insurance
Prudential Long Term Disability Insurance

Prudential Long Term Disability Insurance review: Inaccuracies in Prudential's Denial of Claim 5

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I've had Group LTD insurance thru my employer since 9/08. Work-related health issues began in 2/10 but I continued to work intermittently with ADA accommodations & SPF (FMLA) leave until 11/30/10 when I took a leave of absence without pay or benefits. I filed a claim with Prudential on 1/6/2011. In addition to all the required forms & documents submitted by my employer, PCP & therapist, I faxed them a MOUNTAIN of supporting medical documents verifying I have narcolepsy, sleep apnea, degenerative disk disease, migraines, hypothyroidism, hepatitis C, major depressive disorder & anxiety that prohibits me from working. I faxed various ADA & SPF request forms from my PCP & therapist regarding my limitations & inabilities to perform essential job functions. I also sent my job description marked with how each essential task- line by line, is affected by the symptoms of my conditions & educational materials as back up with how I am personally affected by each symptom - all in agreement with my PCPs & therapists statements & the published medical symptoms. I faxed the results, charts & graphs for 3 overnight sleep studies. I sent a Dept. of Public Welfare, Employability Assessment Form that was used to qualify me for medical assistance. On it, my PCP marked "permanently disabled" with my diagnoses & why I am unable to work. I sent months of diagnostic notes from 3 different doctors' office visits all in agreement; my attendance record for 2010 showing the amount of work I missed due to my conditions. Additionally, the PCP sent everything in my file for the specified period of 5/2010 to present. My therapist sent my entire file with the diagnoses of major depressive disorder & anxiety detailing why I am unable to work. There were CLEARLY sufficient medical documents to support my claim.
But Prudential said medical records, medical professional's expert appraisals of my circumstances presented in a clear & direct manner did not justify or support the medical evidence of my claim of disability. In a letter dated 3/25/11, Prudential's Disability Claims Manager, Kevin Ally said Prudential has "concluded that there is no medical evidence that your functional capacity was limited" Because I frequently received conflicting info from Prudential, I thought surely this was an error. However, Mr. Ally said (both in writing & verbally) the therapist said in her session notes there was "no change, mental status exam was appropriate with no suicidal or violent ideation". In the letter he admitted, "This information is not consistent with information documented by Ms. S on the Health Care Provider Questionnaire” The inconsistency is in Mr. Ally's exposition not Ms. S's statements. Ms. S said the forms she sent had multiple parts on each page of each report. She said Prudential took one phrase from all her paperwork, twisted it & used it out of context. She said at the top of each report the diagnosis was clearly marked, "Major Depressive Disorder & Anxiety." "No change, mental status exam appropriate" means it is appropriate for the diagnosis & there was no improvement! In the letter, Mr. Ally went on to say, "There was no evidence of a change in your behavioral health symptoms [no suicidal or violence ideation?!], necessitating the need for inpatient hospital admission for further evaluation"! I am so offended by this. This is so inflammatory & abusive! Not everyone with mental health issues plans to kill themselves or needs to be hospitalized! For him to classify mental illness in that way is repulsively discriminatory! It should be noted here that depression & anxiety is not the primary diagnosis. These conditions along with the others contribute or worsen narcolepsy's symptoms, especially fatigue and loss of energy. Narcolepsy remains the primary condition that has caused my inability to work.
Mr. Ally also concluded there wasn't any objective medical proof! He said my PCP, Dr. B made a subjective decision based on what I told him not medical tests. How else would my doctor know what I experienced & my difficulties arriving at work timely & the problems with concentration, focus, memory, fatigue or how the disrupted sleep cycles resulted in my nights & days being “ reversed" which caused me to frequently be late for work? If I did not tell him that sometimes I sleep 2-3 hours/night for weeks & then have bursts of sleeping 12, 15 & even 18 hours/day, how would he know? There is no test for that! The diagnosis & treatment plan were based on test results & diagnosed by 4 other doctors before being referred back to him. Prudential's Mr. Ally said those tests were done several years ago as if that negated the results. I pointed out narcolepsy is a lifelong condition. It does not go away & there only so many tests that can be done. Mr. Ally indicated that for my doctor's professional assessment to be accurate, he should have performed "repeat sleep study and blood testing"! The 3 overnight sleep study tests & results faxed abundantly confirm an accurate diagnosis! Furthermore, all the attempts to normalize my sleep cycles thru various medications & behavior modifications have failed. There are only a few medications to treat narcolepsy. In the denial letter he went on to say, "We do agree with Dr. B that aerobic activity could benefit you per a progress note from him." And "This type of activity would help you maintain muscle strength/flexibility, help maintain joint mobility/function, help with weight reduction efforts or help prevent further weight gain, help with sleep/rest, and maintain endurance/stamina. This type of activity would be therapeutic for you in the long run." My doctor did not say this! He makes his dictation while still with me in the visitation room! Furthermore, my PCP knows that I have Achilles heel problems, namely a bone spur under the tendon that would require the Achilles tendon to be removed, the bone scraped and then the Achilles tendon would be reattached. This is a long painful procedure. I'm having enough problems with my other conditions to throw this on the stack! It is very dangerous for Mr. Ally to prescribe treatment he thinks agrees with my PCP's statement! Who would be responsible for the damage caused if I follow Mr. Ally's medical advice being that he does not have any medical degree whatsoever?
Another absurd thing Mr. Allie said was having a sedentary job makes me able to perform the essential, substantial job functions! This is contrary to all the medical evidence sent! Actually, a sedentary job is more difficult for me because of my narcolepsy & chronic back pain. Having a sedentary job doesn't lessen memory or concentration problems in processing complex policies, regulations & calculations. I explained I often forget the policy & have to look it up, but I am easily distracted, lose focus & end up researching an unrelated subject. Then I "lose time" & have no idea how long I have spent on something not related to my original inquiry.
From all the lawsuits & other complaint websites on the internet, this is clearly a pattern of abuse by Prudential. The reasons for denying me were common to nearly all the complaints! If their decision was subjective, how can all those complaints have the same couple of elements in common? Obviously, they didn't base their denial on actual evidence but rather on some corporate edict to enhance profits dragging out the process as long as possible! Mr. Ally said I could appeal, but he took the evidence that was already provided, searched for a thread, twisted & distorted the information given to make it mean whatever ridiculous thing he imagined! I feel like not only are they throwing out actual documentary evidence, they are saying the medical professionals are incompetent liars who falsified insurance & multiple other legal documents! How dare they question these professional's integrity! I am offended & appalled by the blatant discriminatory stereotype of mental illness depicted by Mr. Ally as necessary for a claim. How could a major company like Prudential condone & endorse this type of hurtful, illogical & inaccurate information to allow any of their employees, let alone one in a management position say such inappropriate things while explaining why my disabilities are not appropriate to receive the compensation due from purchasing the protection the insurance was meant to provide?
I requested copies of all the documents received in addition to all of the policies, procedures & regulations Prudential used to base their erroneous, flippant decision. One final point I think factored into their denial is that I didn't know until I filed a claim that I was entitled to partial payments for any pay period I earned at least 20% less than normal. That means they owe me a retro payment for most of the pay periods from June thru November 2010. From the very beginning, this was discussed with Prudential and multiple requests have been made to correct the inaccuracy of the claim begin date of 11/30/10. They said the reason they requested documents for the specified period of 5/10 to present was so that a claim date beginning 5/17/10 would be part of the verifications necessary for the partial payments to be included. I can see this being the next battle.
I cannot understand how Prudential is able to get away with this. Why has this common practice been allowed to go on so long? Surely this can't be legal. When I told Mr. Ally that it wasn't funny to yank around someone with mental health issues who has nothing to lose, he sent a local police officer to my home and called my PCP saying I was suicidal. Doesn't that very act contradict his assertions?! I thanked him for his concern for my well-being.

Update by pambee37
Aug 24, 2011 10:53 pm EDT

I appreciate your comment. I just don't understand how any of this is legal. I have narcolepsy. Prudential's fake dr said that because narcolepsy is a night time condition (it's a sleep disorder) that it shouldn't affect my ability to work during the day! After reading a couple absurdities, I got a hideous migraine, got sick, my blood pressure went thru the roof and I haven't been able to read the whole letter! I did contact a lawyer. But she seems more familiar with dealing with Social Security. I'm disappointed in her efforts on going after Prudential. I'm just not sure how beneficial it would be to replace her. BTW, Social Security denied me saying they realize I can't do my current job, but I can walk and carry things! They have multiple x-rays and CT Scans detailing severe degenerative disk disease so who know why their farmed-out state agency help would say that. Meanwhile, my employer has approved me for disability retirement but it's not enough to live on. Prudential has sent me a letter and forms to complete to have my Life Insurance continue without having to pay the premium due to my disability! How do you like that? Am I crazy or what? How are disabled people supposed to survive these processes?

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Greulich
, US
Feb 04, 2016 8:36 pm EST

I have a son with Renal cortel Carcinoma Cancer. This Cancer is one in a million. He had surgery and his treatment was done at the Mayo Clinic in Scottsdale, AZ My son is 57 and just received a call from Prudential two months ago that they were stopping his disability payment and that he would have 120 days to appeal his case. They said it was because he had a blood and scan test prior to his employment that indicated he had a preexisting condition. They paid him for a year, but indicated they had made a mistake. His Company's HR people just called and indicated that they were eliminating his dept. When he asked them if they wanted him to turn in his resignation (their was silence) they said your receiving disability form Prudential are you not?, he said no I received a call out of the blue informing me that they were discontinuing my disability payment and that I would receive a letter confirming this in a few days. The HR people asked him to send them a copy of the letters. The very next day the HR people sent a severance package with a lot of things to sign off on! and indicating they were working with Prudential and would be back to him! Little did they know is that he has already hired a disability Attorney firm that will represent him.

It is an absolute shame that a person who is ill and on heavy medication has to deal with the constant paper work insurance company's force on them to delay progress in the claim.

My son said to me "Dad I do not no how people deal with this who have no support?" Most sick people give up and this is what Prudential and all Insurance Cos Count On!
The less they pay out the better the bottom line looks!

It is interesting that due to he rarity of my sons Cancer that Social Security immediately placed him on disability but not Prudential!
Insurance Cos. count on the fact that you will not jump through the hoops they place before you, paper work, lost document's, Doctors records, not returning phone calls etc., and the fact that you will to frightened to seek legal advise.

I can only suggest that you fight this form of abuse with every fiber in your body that you possess.

Signed a loving Father

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Lorraine In N.J.
Emerson, US
Jul 14, 2014 12:41 pm EDT

I am bringing in an attorney now, at the juncture of first administrative appeal denial by Prudential. It's pretty clear that they're in the business of gambling, with the hope that people will give up. Wrong person here. My Neurologist, one of the best in the field, assured that no competent physician would review my records and concur differently with regard to my condition. However, since they know I haven't received income in months, they probably are gambling that I can't afford to pursue it. Wrong again. These people are disgraceful and should be strongly sanctioned by the Federal Government as well as each state where they do business. I need to have surgery and physically can no longer wait on these people. As bad as that is, my co-worker has just received a dire cancer diagnosis, yet Prudential hounds her by phone and advised that they are only considering her leave on a "month-to-month" basis! Really! That's the last straw! These people need to be held accountable. What they're doing here is criminal!

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Retzloff
Pearland, US
Jun 12, 2013 12:24 am EDT

I am also having a difficult time with Prudential. I was receiving LTD benefits until March 21, 2013 when they suddenly decided to stop them. I have uncontrollable blood pressure which goes dangerously high most days (even on 4 different BP medications) and causes severe migraines. Due to the migraines my PCP wanted me to ask my neurologist if I needed a CT of my brain. She said no that the test was medically unnecessary since the headaches were so closely related to the high blood pressure. Prudential said they denied my claim because I did not have the CT. I drove straight to my local hospital, went to outpatient services and asked for a Cat-scan to be done. They told me I had to have a Dr. order for that test . I immediately called my Prudential rep and asked for them to fax over the order. She then went on to explain that they were an Insurance Company and could not send in a Dr. order for the test. At that point I told her that since they weren't a medically licensed Dr. maybe they should stop telling me what tests I needed when my doctors did not order them. I finally got the CT done and they still denied my appeal. They told me that on January 23, my blood pressure was close to normal. Of course for the last 15 times I have had it taken it was not normal. Yesterday it was 202 / 130. My PCP is having a fit and tells me that he's taking a day of vacation to go to court with me. I'm now looking for a good ERISA lawyer. My company, Texas Children's Hospital, touts this as one of the great benefits they offer. It's been more of a pain in the rear. I think dealing with Prudential has made my condition worse than it was a year ago when I started LTD.

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angry_american_
, US
Mar 22, 2013 12:09 pm EDT

Thanks to the shady practices of Prudential, I have ptsd like you wouldn't believe. A terrible company to have to depend on for income because they play mind games. Fear instilling mind games. What a sad state of our nation, when insurance companies can harass and belittle and strong-arm the sick into even worse sickness and depression/anxiety.

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Jillian Henderson
Atlanta, US
Aug 22, 2011 8:30 am EDT

I have a great attorney. I have been fighting Prudential for years because after paying me several months of LTD payments, they just quit paying me without a valid reason, The only way to get anywhere is to file a Lawsuit in Federal Court, the only way to get them to take you seriously, most people just give up at this point and Prudential counts on that. I use Foster Lawfirm out of Greeneville, South Carolina, I live in a different state, it does not matter where you live since the lawsuit is filed in Federal Court. My attorney's name is Rob Hoskins his email: rhoskins@erisaexperience.com, he does not charge you if he does not win your case. Prudential does not care about you and they are only in business to collect the premuim payments. They will lie, make false statements, hire private investigators, twist what your doctors say to make it look like nothing is wrong with you, They hire a paid shark, Ross S. Myerson M.D an Occupational & Environmental Medicine Doctor to say that nothing is wrong with you. This man never actually meets you, he gets paid to say whatever Pridential wants him to say, he will look over all of your medical evidence and Doctors statements and testify that you are fit to work no matter what is wrong with you, he is not a Spine doctor, Fibromyalgia doctor, Physcologist, nothing, he is a Occupational and Enviromental Doctor that does not even see patients, he is a real piece of work, I have done some research on this guy, it appears that he makes the bulk of his money working for insurance companies, he never meets any of the people that he helps the insurance companies screw over, in fact he trys to call your doctors and bully them into changing their diagnosis, he trys to confuse your doctor and convince them that you must be able to work and do something... You MUST get an attorney to go up against these crooks, Good luck to you. Jill H