In reviewing hundreds of pages of documents from our client, Sedgwick and Lincoln Life Assurance Company of Boston (Lincoln) seemed to forget that he was a real person. Our client loved his job as a Regional Business Manager with Roche Diagnostics Corporation in Tucson, Arizona, and he did not want to stop working.
Unfortunately, a skiing injury and subsequent surgeries left him with chronic back and neck pain and limited mobility. He went from taking less than 5 sick days throughout an impressive and distinguished 31-year career to stepping down from his leadership position and trying to return to work in a lesser role.
After the reconstruction of his entire neck, our client realized it was time to stop working entirely and filed for long-term disability (LTD) benefits. When Lincoln denied his claim, Dabdoub Law Firm helped him communicate his situation and file an appeal.
Our Client Is Largely Housebound
Before his injury and surgeries, our client traveled throughout the United States to meet with customers. Now, he suffers from severe neck pain and nerve damage that makes it hard for him to hold a cell phone.
Our client can no longer run, ride his bike, play tennis, do yoga, or lift weights. He cannot even read a book or lean over a desk to write, nor do yard work around his house. Instead, he stays inside, so he always has access to pain medication and his neck traction device.
As his coworkers explain, our client was not someone who wanted to stop working. In fact, his work ethic and performance set the bar for the rest of the country. Our client won the President’s Award 3 times and expanded HPV testing across the country. Before his disability ended his career, our client’s work in molecular PCR testing was critical in combatting the COVID-19 pandemic.
With Mountains of Medical Evidence, Lincoln Had One Choice
To supplement his testimony and the letter from his coworker, our client underwent an independent medical examination (IME) with a board-certified orthopedic surgeon. The independent medical examiner provided a long list of our client’s cervical impairments, including herniation, pain, fusion, decompression, and “functionally limiting neck stiffness, discomfort, and weakness that impairs his ability to perform his work and activities of daily living.”
Our client also underwent a functional capacity evaluation (FCE), the results of which did not support sedentary work on a full or part-time basis. According to the doctor, our client cannot sit for more than 15 minutes at a time or 2.5 hours total throughout the workday, which disqualifies him from sedentary occupations.
Finally, Dabdoub Law Firm had a specialist perform an independent peer review, which affirmed the results of the IME and the FCE. Our client has significant functional impairments, including degenerative disc disease in his cervical spine, cervical disc herniation requiring spinal surgery, and chronic, radiating neck pain.
Experts agree that our client cannot return to his normal work duties nor work in any sedentary capacity.
Lincoln’s failure to approve our client’s claim for LTD benefits would have been a clear violation of the Employee Retirement Income Security Act of 1974 (ERISA).
Dabdoub Law Firm was fully prepared to go to trial on our client’s behalf.
Fortunately, Lincoln approved his claim upon appeal, issuing a timely and favorable response.
Help from a Lawyer with Expertise in Disability Insurance
Disability insurance law is complex, which is why you need to hire an experienced disability attorney to get the benefits you deserve. Because all disability lawyers at Dabdoub Law Firm focus on disability insurance claims, we have expertise in disability insurance law.
That means we have:
- Experience with every major disability insurance company.
- A proven track record of success in major disability lawsuits.
- Recovered millions of dollars in disability benefits for clients.
Further, we never charge fees or costs unless our clients get paid.
Our firm can help you at any stage of your disability insurance claim, including:
- Submitting a disability insurance claim,
- Appealing a long-term disability denial,
- Negotiating a lump-sum settlement, and
- Filing a lawsuit against your disability insurance company.
Because federal law applies to most disability insurance claims, our lawyers can represent clients across the country. We can help you no matter where in the United States you live.
Call us at (800) 969-0488 or contact us online to schedule your free consultation and speak with an experienced disability attorney today.
