In a case led by Attorney Latanae Parker, Dabdoub Law Firm recently secured long-term disability benefits from Lincoln Financial after it repeatedly denied any benefits to a woman who suffered a traumatic brain injury (TBI) in a car accident. After sending a second appeal letter to the long-term disability claim denial, which also served as a warning that our legal team would push the case into litigation if needed, the insurance company backtracked and approved the necessary benefits.
Details of the Car Accident TBI Case
At only 28 years old, our client was in a violent motor vehicle accident in November 2022 and was left with a life-changing brain injury. Along with her TBI and concussion syndrome diagnoses based on physical harm to her brain, she began to experience its many psychological symptoms, including panic attacks, insomnia, suicidal ideation, and more. Not only did it make it difficult for her to spend any time with her family and friends, but it also interrupted her career and future aspirations. Predictably, she started to decline drastically in her job performance despite her best efforts, and she was terminated in June 2023.
A while later, she realized that she should use her long term disability insurance coverage to file for benefits. Unexpectedly to her and her family, Lincoln did not find her brain injury disabling and denied the claim. When the insurance company wouldn’t budge, Dabdoub Law Firm got involved.
Medical Evidence Proves Disability
Many would argue that common sense dictates that if someone has a traumatic brain injury and post-concussion syndrome, they have disabling conditions that will make holding gainful employment impossible. Yet disability insurance dispute cases aren’t won on common sense but concrete evidence. With this in mind, Attorney Parker began to review our client’s medical records and consult with medical experts to gain a better understanding of TBI and the impact it caused on her client's day to day functioning
Our client underwent a comprehensive functional capacity evaluation (“FCE”) in 2024 to prepare an unshaken foundation of medical evidence to use against Lincoln’s denial. The outcome of this evaluation included a sizable report of all the ways that our client had become disabled and unable to work due to the accident-related TBI. The evaluating doctor concluded that she could only sit for a total of 5 hours a day, but perhaps even more shockingly, the doctor found that she “is unable to walk for longer than 7 minutes continuously for a total of 2 hours per day.”
Not willing to give the insurer any space to argue, Attorney Parker took matters a step further and assigned an independent medical expert to review the conclusions drawn by the evaluating doctor. This second medical professional agreed that some of the worst “work impairments from her Post-Concussion Syndrome include balance deficits with walking, slowed ambulation, increased fatigue from minimal exertion, regional weakness in strength, and increased anxiety.” It was also found that she is a “potential fall risk” while standing or moving.
When the second appeal letter was sent by Attorney Parker, it was made clear that we’d take Lincoln to court if it wouldn’t see the clear reasons in our client’s medical records as to why LTD benefits are justified. We are proud to say that the insurance company reversed its decision without the need for a trial, which would have put more time between our client and the much-needed long-term disability benefits.
Lawyers with Expertise in Disability Insurance Claims
This law firm has always focused only 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; and
- Being backed by a law firm that has a proven track record of winning tough disability lawsuits.
Call the Dabdoub Law 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.
The firm represents clients nationwide with disability claims governed by federal law, even if we are not located in your state.
Call (800) 969-0488 or contact us online to speak with an experienced disability attorney. Pay no fees or costs unless you get paid.