Spasmodic dysphonia robbed our client of a functional voice, which was catastrophic for his career as a salesman in San Antonio, Texas. Fortunately, our client had a disability policy with The Prudential Insurance Company of America (Prudential).
Despite our client’s documented disability and impending brain surgery, Prudential denied our client’s claim for short-term disability (STD) benefits. Dabdoub Law Firm helped our client appeal and file for long-term disability (LTD) benefits, as well.
Medical Conditions Derail an Illustrious Career
Our client loved working as a salesman. Over 40 years, he achieved success in multiple sectors, and when he became disabled, he held a deeply fulfilling role in a disaster recovery organization.
While our client was with this organization, his voice began to deteriorate, making it difficult for him to talk. He searched for a diagnosis for 3 years before discovering he had spasmodic dysphonia. For 10 years, our client used Botox injections to treat his medical condition, but the injections eventually lost their effect.
By this time, our client had also begun to suffer from lost strength in his arms and legs, and his medical history included:
- The removal of 2 extra thumbs
- Hernia repair
- Concussion with a loss of consciousness
- Chronic gout
- Hypertension
- Arthritis
- Leg weakness
- Gait imbalance
- Brain tumor
Due to his brain tumor, our client underwent brain surgery. Sadly, he did not recover properly and exhibited seizure-like activity, pain and weakness in the arms and elbows, fatigue, and cognitive impairment.
Our client and his family have suffered tremendously watching his condition deteriorate in real-time. He desperately wants to work but cannot even handle household tasks like feeding the dog. Along with his family, our client hoped filing a disability claim with Prudential would give him the resources he needed to pursue additional therapies and treatment options while providing financial stability to his family.
Prudential’s Inexplicable Denial
Because our client was due for brain surgery, Prudential originally approved his claim for STD benefits. Three months later, Prudential notified our client the company was reconsidering its stance. Our client had 30 days to submit additional documentation, but 4 days later, Prudential decided to deny our client’s continuing STD benefits and his claim for LTD benefits.
Our client never had a chance to submit the documents Prudential requested before the insurance company denied his claim for no apparent reason. All the while, there was no question that our client’s complex, comorbid health conditions were severe. In fact, our client remains disabled to this day.
Reminding Prudential of Its Obligation
When our client called us, Dabdoub Law Firm reminded Prudential of its obligation to provide our client with a full and fair review. We appealed Prudential’s denial of benefits and provided proof of our client’s ongoing disability, including an independent medical examination and a neuropsychological evaluation.
All the medical professionals who have examined our client have noticed his lack of a functional voice (which is especially problematic for a salesman) and difficulties with cognitive function. Without the ability to pay attention, remember things, or effectively communicate, how is our client supposed to work in sales or any other occupation?
We asked Prudential this question and reminded the insurance company of its responsibilities under the Employee Retirement Income Security Act of 1974 (ERISA). Then, we gave Prudential another chance to make the right decision.
Ultimately, Prudential reinstated our client’s STD claim, approved his LTD claim, and paid retroactive benefits in full.
Help from a Lawyer with Expertise in Disability Insurance
Dabdoub Law Firm was built to be a disability insurance law firm.
That focus means:
- All of our lawyers specialize in disability insurance claims.
- We have experience with every major disability insurance company.
- We have won important long-term disability lawsuits.
Our disability lawyers can help you 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.
If you want access to disability benefits, you should hire an experienced disability attorney to help. Because federal law applies to most disability insurance claims, our lawyers do not have to be located in your state to handle your claim.
Call us at (800) 969-0488 or contact us online for a free consultation with an experienced disability attorney. You will not owe any legal fees or pay any costs unless we recover compensation on your behalf.
