David Allen & Associates personal injury attorney and Social Security Disability attorney Law Firm Successful Cases

Our Successful Cases

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Social Security Disability and Personal Injury Law Firm

Our Successful Cases

Social Security Disability

Rare Disease Denied by Social Security because they never heard of It

25-year old client who suffers from cholesteatoma, a relatively rare medical condition which can lead to significant hearing loss. She applied for Social Security Disability benefits and was denied and a hearing date was later scheduled. She was shocked to learn that no attorney would take her case. Each attorney coldly explained that her claim presented too many challenges.

She contacted David Allen & Associates. She expected to hear the same rejection script, but this time, things were different. She and her attorney worked closely together and, ultimately, our client received a fully favorable decision. Social Security began making monthly payments.

Personal Injury

A Picture is Worth....

A 41-year old mentally disabled man was hit by a large vehicle when crossing a street near his home. After he received treatment for head injuries and an ankle fracture, his guardian contacted David Allen & Associates to obtain personal injury reimbursement. The case was filed with the Sacramento Superior Court and eventually went to Mediation. At the Mediation, attorneys for David Allen & Associates used a "day in the life" video to show the impact of the injuries on the life of the already disabled man. His substantial recovery was placed into a special needs trust to cover his future care.

Drinking on the Job

A 45-year old man was hit by a drunk driver while riding home from work on his bicycle. He retained David Allen & Associates to pursue his personal injury claim. Suit filed with the Sacramento Superior Court first underwent extensive discovery and motion practice to force the driver's employer's insurance to cover the loss. The case next went to binding Arbitration. At Arbitration, attorneys for David Allen & Associates utilized expert testimony by a neurologist from UC Davis Medical Center to show the function impairments suffered by the man as a result of his injuries. The Arbitration concluded favorably.

The man's teenage daughter sent David Allen & Associates a postcard from Hawaii to say thank you.

Long Term Disability

Disabled Woman Denied Benefits after Her Policy Purchased by Another Insurance Company

A 48 year old woman, disabled for over ten years due to fibromyalgia and chronic fatigue syndrome, was denied continued benefits after her long term disability coverage was purchased by Hartford Insurance Company. She appealed the denial, but the company upheld the denial.

The woman retained David Allen & Associates to file an appeal with the Eastern District Federal Court. Ruling was made by the Honorable Garland E. Burrell, Jr. on April 23, 2008 approving reinstatement of benefits and award of back payments, attorney fees and interest:

"Plaintiff and Defendant filed cross motions under Federal Rule of Civil Procedure ("Rule") 52 for judgment on the administrative record of this Employee Retirement Income Security Act ("ERISA") action. Plaintiff contends Defendant, who administers Plaintiff's long-term disability insurance policy, improperly denied long-term disability benefits. Defendant counters that Plaintiff's medical condition does not render her "totally disabled" and therefore she is not entitled to disability benefits. This Order constitutes the findings of fact and conclusions of law required by Rule 52."

Plaintiff has shown by a preponderance of the evidence that she is entitled to disability benefits since she is "totally disabled" under the Policy. Accordingly,

(1) Plaintiff's Rule 52 motion is granted and Defendant's Rule 52 motion is denied. Judgment on the administrative record shall be entered in favor of Plaintiff. Plaintiff shall recover all benefits to which she was entitled under the Policy from the date such benefits were terminated in November 2005 to the present.

(2) Plaintiff's requests for attorney's fees and prejudgment interest are granted. The rate of prejudgment interest shall be determined individually for each benefit payment according to the average accepted auction price for the last auction of fifty-two week United States Treasury bills settled immediately prior to the date each of her withheld benefit payments became due, pursuant to 28 U.S.C. § 1961(a)."

An Appeal Ignored

A 56 year old man, disabled for two years due to cancer, chemotherapy, spinal injury, and chronic pain, was denied continued long term disability benefits when his status changed from "Own Occupation" to "Any Occupation" under his insurance policy, despite the fact he was receiving Social Security Disability benefits. He appealed the denial of benefits, but his appeal was misplaced by the insurance company.

The man retained David Allen & Associates to gain a response from his insurance company regarding his appeal and further work to obtain benefits as necessary.

The insurance company initially refused to reconsider the appeal.

Following filing of suit in the Eastern District Federal Court, the Honorable Lawrence K. Karlton ordered the insurance company to consider the appeal on January 14, 2008. Attorneys at David Allen & Associates assisted the man with compiling records to supplement the appeal which was finally reviewed by his insurance company.

A New Diagnosis

A 61 year old nurse with a spinal injury and chronic pain was denied continued long term disability benefits when her coverage status changed from "Own Occupation" to "Any Occupation" under her insurance policy. She was approved for Social Security Disability benefits. She appealed the denial of insurance benefits, but the insurance company upheld the denial.

The woman came to David Allen & Associates for assistance in pursuing her appeal. After the case was filed with the Federal Court, the woman was diagnosed with a rare hereditary condition which changed the scope of her disability. Her attorneys at David Allen & Associates filed a motion to have her new medical records added to the closed claim file and reviewed as part of her disability claim. The court supported the request to have the records reviewed. The court case was stayed to allow the insurance company to re-evaluate the claim with the new information.

Claim Processing Delay

A once-successful surgeon came to David Allen & Associates for assistance with the long term disability claim he filed nearly two years before. The insurance company had not approved or denied his claim, but merely requested additional ongoing documentation. His attorneys at David Allen & Associates recommended some specialized testing and submitted the results to the insurance company. A Mediation was arranged less than one year after he retained David Allen & Associates. At the Mediation, the insurance company settled for full policy benefits in a lump sum payment.

David Allen & Associates
At David Allen & Associates you will find Personal Injury attorneys to help people injured in motor vehicle accidents, social security disability and long term disability lawyers to help those who cannot work, and Insurance Bad Faith lawyers to help policyholders collect the benefits they paid for. All of our attorneys share an unwavering commitment to helping our Personal Injury, Social Security Disability and Long Term Disability clients recover, and they have excellent track records of success when it comes to gaining decisions for their injured clients.

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Northern California -- Sacramento, Stockton, Lodi, Fremont, Oakland, Santa Clara, San Jose, Santa Cruz, San Francisco, San Mateo

Southern California -- Los Angeles

Nevada -- Clark County, Washoe County

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