Our client never imagined she would have to miss her grandchild’s 4th birthday party or leave her career as a customer service representative in Orlando, Florida due to chronic pain. Unfortunately, that is exactly what happened. Nevertheless, our client’s long-term disability (LTD) policy with Lincoln Life Assurance Company of Boston served as a silver lining. At least with LTD benefits, she could afford treatment and time away from work.
When our client filed for LTD benefits, however, Lincoln denied her claim. As a result, she contacted Dabdoub Law Firm. We highlighted the objective medical evidence of our client’s disability and won her LTD benefits on appeal.
Chronic Pain and Neuropathy Prevent Our Client from Doing a Full-Time Sedentary Job
For some time, our client has been dealing with chronic pain. Her ongoing disability is well-documented in her medical records, and she has provided Lincoln with plenty of evidence of her medical condition.
As an example, our client treats with an Ivy League-educated and trained orthopedist and spine surgeon who has noted her limited range of motion and prescribed her 2 epidural steroid injections for back pain. Our client’s complaints of pain are backed up by an MRI of her lumbar spine, which reflects bulging discs, atrophy, subtle retrolisthesis, bilateral neural foramina narrowing, and other painful spinal conditions. MRIs of our client’s cervical and thoracic spine reveal similar abnormal findings, including neuroforaminal stenosis due to uncovertebral hypertrophy and central disc protrusion.
In addition to back pain, our client suffers from peripheral neuropathy in her upper arms and lower extremities, which results in tingling, numbness, and pain from her hands and feet to her knees.
Many of her nerves had abnormal results in nerve conduction studies, and our client has been regularly treating with a neurologist. Her diagnoses include bilateral carpal tunnel syndrome, hereditary sensorimotor neuropathy, and ulnar neuropathy of both upper extremities. To help with her nerve pain, our client takes Lyrica, but she still cannot make it to the restroom or stand for a few minutes without pain and shortness of breath.
The Results of Our Client’s Functional Capacity Evaluation
To better prove her claim, our client underwent a functional capacity evaluation (FCE). The physical therapist and FCE specialist who evaluated her agreed with our client’s orthopedist and neurologist. Our client’s physical capabilities are below sedentary because she cannot lift, carry, pull, or sit for long periods of time. During her FCE, our client also scored low in fine motor skills. When she tried to grasp, for example, her hands changed color and temperature – directly revealing the symptoms of her diagnosed medical conditions.
After her FCE, 4 medical professionals concluded that our client was unable to work in any occupation – sedentary or otherwise.
How Can Lincoln Believe Our Client Can Work a Full-Time Job?
Before chronic pain ended our client’s career, she was happy to work in storage and moving trucks and hold positions that were physically demanding. Even in her final position as a customer service representative, she was active within her church, family, and community.
Now, our client cannot volunteer or work due to chronic pain, and Lincoln still expects her to hold a full-time job. Dabdoub Law Firm presented the evidence and asked Lincoln if it still believed our client could work in a sedentary capacity.
We also reminded the insurance company of its duties under the Employee Retirement Income Security Act of 1974 (ERISA). Lincoln acknowledged our client’s disabilities but denied her claim under a technicality that does not appear in her policy. This is not the full and fair review that our client is entitled to under federal law.
We gave Lincoln another chance to uphold its duties toward our client. Fortunately, the company complied and paid our client the LTD disabilities she deserved.
Help from an Attorney with Expertise in Disability Insurance
Disability insurance law is complicated. If your claim for long-term disability benefits was denied or is being delayed by an insurance company, seek a lawyer with expertise in disability law.
Why Us?
- Our lawyers specialize in disability insurance.
- Our lawyers have experience with UNUM, Hartford, CIGNA, Reliance Standard, and just about every other insurance company.
- Our lawyers have won tough disability insurance lawsuits.
- Our lawyers have recovered millions in disability benefits for clients who were wrongly denied.
Because federal law applies to most disability insurance claims, we do not have to be located in your state to help.
Dabdoub Law Firm represents clients nationwide with:
- Submitting disability insurance claims,
- Appealing long-term disability denials,
- Negotiating lump-sum settlements, and
- Filing lawsuits against their disability insurance companies.
Call us at (800) 969-0488 or contact us online to speak with a disability insurance attorney. You will not owe any fees or costs unless we recover disability benefits on your behalf.
