As a real estate paralegal in Miami, Florida, our client was the backbone of the Ocean Bank legal department. She worked well under pressure, always met deadlines, and impressed people with her strong cognitive skills. This all changed, however, after a devastating car accident in July 2019.
Our client was rear-ended by a moving vehicle and took a leave of absence to seek medical care for her injuries. She was able to return to work after a series of epidural and steroid injections, physical therapy, and other treatments but quickly realized things were not the same. Sadly, our client suffered from “brain fog” and began making serious mistakes at work, including forgetting words and missing deadlines.
Startled by her cognitive impairment, our client made the difficult decision to leave her job, seek medical treatment, and file for long-term disability (LTD) benefits. CIGNA LINA acknowledged our client’s disability and commenced benefits on November 4, 2020 – only to terminate them quickly and inexplicably on December 7, 2020.
Our Client’s Post-Car Accident Diagnoses
When our client left work and began treatment with a neuropsychologist, she was diagnosed with mild neurocognitive disorder due to traumatic brain injury, as well as generalized anxiety disorder with panic attacks and major depressive disorder.
According to the neuropsychologist, our client also suffers from:
- Short-term memory loss
- Forgetfulness
- Difficulty remembering the right word
- Poor attention and concentration
- Difficulty thinking clearly and efficiently
Our client needs all of these skills as a paralegal for an important legal department. Without them, and with the pain and other complications from our car accident, she cannot return to work.
Thus, CIGNA LINA’s denial was wrong and unreasonable.
CIGNA LINA Violates Its Fiduciary Duties
Under the Employee Retirement Income Security Act of 1974 (ERISA), CIGNA LINA has a fiduciary duty toward its policyholders. As such, the insurance company owed our client a full and fair review of her claim. Instead, CIGNA LINA ignored the objective evidence supporting our client’s disability.
Because the insurance company had apparent doubts about our client’s disability, our team encouraged her to undergo an independent functional capacity evaluation (FCE). Unsurprisingly, the physical therapist who performed our client’s FCE found:
“Based on the results of objective functional testing, [client name redacted] is not able to fully accomplish all the requirements for full time employment in any occupation, since she is not capable of performing duties within the functional abilities outlined in this report.”
Our client’s friends even spoke up about the nature of her disability, which has affected not only her career but also her day-to-day life.
In its denial letter, CIGNA LINA claimed that “there was no medical information on file that supports any functional limitations due to cognitive impairment or psychological status.” Everything in our client’s file suggests otherwise. CIGNA LINA’s medical director had no medical evidence that supported our client’s ability to return to work, and now, the company has overwhelming proof of our client’s disability.
Dabdoub Law Firm Wins Benefits on Appeal
Once Dabdoub Law Firm wrote its letter of appeal, we were certain that the insurance company would give a second, good-faith look at our client’s claim. Fortunately, we were correct, and CIGNA LINA issued a timely and favorable decision, reinstating our client’s LTD benefits.
Lawyers with Expertise in Disability Insurance Claims
Dabdoub Law Firm has always focused exclusively on disability insurance law.
Because we specialize in long-term disability, our clients get the benefit of:
- Having an attorney who is an expert in long-term disability claims.
- Having an attorney who has experience with every major disability insurance company.
- Being backed by a law firm that has a proven track record of winning tough disability lawsuits.
Contact our firm to get experienced disability lawyers on your side.
We can help 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.
Our firm represents clients nationwide with disability claims governed by federal law, so we can help you – even if we are not located in your state.
Call us at (800) 969-0488 or send us a message online to speak with an experienced disability attorney. You won’t owe us any money until you get paid.
