Dabdoub Law Firm has achieved a great success story for a client with muscular dystrophy, who had his long-term disability benefits terminated early by Mutual of Omaha. Attorney Geannina Burgos took the lead on this case and uncovered that the policy was canceled based solely on the report of a paid physician-consultant who never even saw him in person. We managed to get a successful outcome without having to go to litigation, so the case ended without delays, too.
Details of the Muscular Dystrophy Case
Our client worked as a Financial Advisor for years and loved his career, which he wanted to enjoy until retirement. In his 40s, though, he was forced to stop working as his symptoms of type 2 myotonic muscular dystrophy worsened alongside complications caused by obstructive sleep apnea, restless leg syndrome, restrictive lung disease, and more health issues. As a result of these many conditions, he struggles with speech, concentration, shortness of breath, and day-to-day tasks like driving.
Mutual of Omaha first approved his long-term disability claim and paid LTD benefits but suddenly terminated them. The insurance company explained that it had paid a physician-consultant to review his case. This consultant did a simple paper-based review, never saw our client for an in-person evaluation, yet still determined that he could work. In a tactic that underscores how insurance companies often surveil policyholders without notification, the consultant also said that our client’s benefits were unjustified because he took a trip to Disney with his family, which required him to walk around the park.
Although citing a fun and restful family vacation as a reason to terminate disability benefits might seem shocking to most, it was nothing new to Attorney Burgos, who has worked on countless disability denial cases throughout her years of practice. She began to work with our client’s treating physicians to get clear medical information about his health and disabilities. Multiple treating physicians provided information and statements that explained why he could not hold gainful employment any longer, even though he genuinely wanted to keep working. One physician even noted that our client required a mobility scooter because even operating a traditional wheelchair fatigued him too much to be considered safe.
Citing these health concerns and clear signs of disability, Attorney Burgos sent a comprehensive appeal letter with supporting medical and non-medical evidence to Mutual of Omaha, promising to meet in trial if the insurer didn’t reverse its decision.
Included in the appeal was medical support that provided objective, unwavering confirmation that our client was unable to work. This evidence included:
- Independent medical evaluation by a board certified neurologist – an IME provides an independent, in person assessment of the claimant. The doctor then reviews the medical records and writes a detailed report outlining why the claimant is unable to work.
- Letter and questionnaires from treating providers – treating physicians are in the best position to opine on a claimant’s medical condition(s) and the resulting impairments. These letters and questionnaire offer insight based on in person physical examination findings, observations and testing/imaging.
- Independent cognitive functional assessment – this independent evaluation measures a person’s cognitive functioning and concludes based on the outcome of the tests whether they are capable of maintaining work.
We are proud to say that the insurance company understood the severity of its mistakes and granted our client his benefits not long after we first started working on this case.
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.