Dabdoub Law Firm Secures LTD Benefits for Chicago Client with Cervicalgia
After New York Life terminated her long-term disability (LTD) benefits without cause, a disabled resident in Chicago, IL turned to Dabdoub Law Firm for assistance reinstating the disability benefits she is legally entitled to. Read the full success story below.
Dabdoub Attorney Reinstates New York Life LTD Benefits for Chicago Client
Despite her insurer’s initial decision to approve her claim, New York Life saw fit to terminate our client’s LTD benefits in July 2022. The unreasonable decision led the Illinois resident to reach out to our disability insurance attorneys at Dabdoub Law Firm. Fortunately, Attorney Kevin Probst appealed to New York Life on her behalf, successfully reinstating her LTD benefits.
After reminding the insurance company of its legal obligation to “act solely” in the interest of their beneficiaries under ERISA law, our Dabdoub attorney kindly enlightened New York Life to the unethical nature of their decision by including results from his client’s functional capacity evaluation (FCE)—the “best means” of assessing a person’s functional level, according to U.S. courts.
The FCE revealed a wealth of medical evidence to dispute New York Life’s careless decision to terminate our client’s LTD benefits, including “severe impairments with all tested physical domains”—the greatest of which include cervicalgia, low back pain, nonfunctional gripping scores, and lifting below sedentary level, preventing her from maintaining “prolonged sustains positions and postures.”
“Courts have consistently recognized that an employee who cannot sit for more than four hours in an eight-hour workday cannot perform ‘sedentary’ work,” Attorney Probst pointed out. “Absent the ability to sit comfortably, there is no question that she cannot reliably perform her own or any occupation—even one that is sedentary in nature.”
Attorney Probst included an abundance of evidence to put New York Life’s unlawful denial to bed, concluding that the clinical evidence “overwhelmingly proves” that she cannot perform the material duties of any occupation and cannot earn 60% or more of her indexed earnings.
“Surely, New York Life cannot now argue that [my client] is able to return to work in the face of objective evidence that her condition has only worsened,” Attorney Probst informed New York Life in his appeal.
Our Dabdoub lawyer enlightened New York Life to the unlawfulness of their ways, successfully reinstating the LTD benefits that our Illinois client deserves.
Lawyers Specializing in Disability Insurance Claims
Because disability insurance law is complicated, it's essential to get legal help from a lawyer who focuses on disability law. As a law firm built to focus on disability insurance, our lawyers specialize in disability insurance. We spend every day working to get our clients' long-term disability benefits approved.
Because federal law applies to most disability insurance claims, we do not have to be located in your state to help. If your claim for long-term disability benefits was denied or delayed by an insurance company, call us to speak with a disability insurance attorney.
We represent clients across the U.S. with:
- Submitting a disability insurance claim;
- Appealing a long-term disability denial;
- Negotiating a lump-sum settlement; and/or
- Filing a lawsuit against your disability insurance company.
Call (800) 969-0488 to schedule your free consultation with a disability attorney.
