Dabdoub Law Firm has been able to once again secure long term disability benefits for a client in need. In this recent case, our client had suffered a stroke that rendered him severely disabled. However, United of Omaha Life Insurance claimed “brain attacks” were not covered under his insurance policy and initially refused to provide him any benefits. Our attorneys got right to work to build our client’s case and prove that his stroke was a severe disability that qualified for coverage. We are proud to be able to say United of Omaha received our appeal letter and decided to instate our client’s benefits.
Details of the Stroke Disability Claim
Our client suffered a stroke – also called a “brain attack” in some situations – in July 2017 that left him severely disabled. He lost the ability to walk, eat, and speak to significant degrees and must now relearn them through physical and occupational therapy. After filing for long term disability benefits, he was shocked to find United of Omaha denied his claim a few months later, arguing his stroke was not covered in his insurance policy.
The insurance company claimed his brain attack was caused by preexisting conditions, despite our client being in relatively good health at the time. As someone who was added to the insurance policy only a few months prior to his stroke, our client could have been denied benefits under normal circumstances, as preexisting conditions are ineligible for coverage for the first six months of his policy. Yet there is no medical evidence to show he had a preexisting condition that would possibly cause a stroke.
Dabdoub Law Firm Challenges a Medical Disconnection
Recognizing the lack of actual connection between our client’s medical condition and the reasoning to label it as one that was preexisting, our long term disability attorneys from Dabdoub Law Firm began an intensive research into his medical records and any other bit of evidence that could prove relevant. It was not long until our experienced team was able to discover what Mutual of Omaha had misconstrued to make its argument.
Our client had suffered a heart attack in 2013, but readily recovered. He was considered by his medical providers to be in good health not long after the heart attack. Furthermore, there is no link between such a cardiovascular issue and a neurological concern like a stroke. Indeed, someone will see a cardiologist after a heart attack and a neurologist after a brain attack, reinforcing the disconnection between these two types of disabling health conditions.
To be all the more thorough with our casework, we turned to case law to support the claim that a stroke could not be counted as a preexisting condition in this situation. Under ERISA law, a preexisting condition is only relevant to a current disability if the disability was “substantially” caused by or related to that condition. Once again, even if a link between heart attacks and strokes could be made, the connection would not be considered “substantial” by any court or medical professional.
Faced with the overwhelming and sound arguments put forth by our long term disability attorneys, United of Omaha granted our client his deserved benefits. This marks yet another prideful and important success story for our team at Dabdoub Law Firm.
Disability Insurance Companies Have Experienced Disability Insurance Lawyers, So Shouldn’t You?
As a law firm created to focus on disability insurance, we have fought all major disability insurance companies and have won several major disability lawsuits that made the news. All our disability lawyers commit every day of their legal career with helping people get disability benefits from UNUM, MetLife, Prudential, Northwestern Mutual, CIGNA, and other insurance companies. Because federal law applies to most disability insurance claims, we do not have to be located in your state to help. We help clients nationwide.
Call to get experienced disability lawyers on your side with:
- Submitting a disability insurance claim;
- Appealing a long-term disability denial;
- Negotiating a lump-sum settlement; or
- Filing a lawsuit against your disability insurance company.
Call for a free consultation with a disability attorney.
