Mr. X lived with Type 1 diabetes for many years until he experienced shooting pain in his extremities in 2022. The pain was caused by diabetic neuropathy, which is a serious complication of diabetes. Symptoms of diabetic neuropathy often involve pain and numbness in the extremities, and those who suffer from it can experience a disabling amount of pain.
Such was the pain Mr. X experienced, so he filed a claim for disability benefits from Lincoln National Life Insurance Company (Lincoln) and received short-term benefits. These benefits, however, only lasted for a few months. Despite Lincoln acknowledging Mr. X’s disability on a short-term basis, the company initially refused to pay long-term disability (LTD) benefits when Mr. X’s condition persisted.
Too Much Pain for Sedentary Work
A resident of Virginia Beach, Virginia, Mr. X’s career as a graphic designer spanned 32 years, and it was only because of the pain caused by his diabetic neuropathy that his career ended. Despite powerful pain medications, Mr. X stated that the unyielding pain not only made it impossible for him to work, but it also impaired his ability to rest and concentrate.
In 2023, Mr. X submitted to a functional capacity evaluation (FCE) of his physical capabilities. Evaluator Ashley Luchsinger, OTR/L, concluded that Mr. X was unable to perform sedentary work due to the limitations caused by his diabetic neuropathy. For example, Ms. Luchsinger concluded that Mr. X can’t maintain a sitting posture for an hour without accommodation and is unable to bend, twist, squat, crawl, kneel, or balance.
Such physical limitations identified during the FCE demonstrated that Mr. X can’t reliably perform sedentary work for at least six hours a day without pain. These findings were affirmed by Dr. Eric Goldberg, Mr. X’s neurologist. Dr. Goldberg noted that Mr. X’s severe diabetic neuropathy renders him “permanently out of work.”
Mr. X’s primary care provider, Dr. Ravinder Mohan, also affirmed the presence of chronic pain and severe diabetic neuropathy. In his own letter, Dr. Mohan noted that Mr. X’s Type 1 diabetes has also caused retinopathy, and an MRI revealed the existence of “significant lumbar degenerative disease.”
Dabdoub Law Firm Takes a Stand
When Mr. X reached out to Dabdoub Law Firm for legal assistance, our attorneys sprung into action to take a stand for him. We sent a demand letter to Lincoln, in which we outlined the history and severity of Mr. X’s disability. Enclosed with this letter were letters authored by Mr. X’s medical care providers, the results of his FCE, updated medical records, and statements made by Mr. X and his sister-in-law.
We reminded Lincoln that it had already determined Mr. X was disabled when it provided him with short-term disability benefits, and the insurance company—as a fiduciary—had a statutory and contractual obligation to approve Mr. X’s LTD benefits because his condition failed to improve.
Due to our efforts, Lincoln reversed its decision, and Mr. X received the LTD benefits he should have received from the onset of this matter.
Help from a Lawyer with Expertise in Disability Insurance
Disability insurance law is complex. Hiring an experienced disability attorney is important. Because all disability lawyers at this law firm focus on disability insurance claims, we proudly offer significant expertise in disability insurance law.
The Dabdoub Law Firm has:
- Experience with every major disability insurance company;
- A proven track record of success by winning major disability lawsuits; and
- Recovered millions of dollars in disability benefits for clients.
We never charge fees or costs unless our clients get paid. Our firm can help 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/or
- Filing a lawsuit against your disability insurance company.
Because federal law applies to most disability insurance claims, our lawyers are able to represent clients across the country.
Call (800) 969-0488 or contact us online to speak with an experienced disability attorney. Consultations are free.
