Before a serious motor vehicle accident derailed her life, our Atlanta, Georgia client was making over $100,000 annually as a Senior Clinical Research Associate. She loved her job and planned to continue her rewarding career through retirement.
After being rushed to the emergency room with several injuries, however, our client did not recover. Instead, she developed debilitating and progressive pain that marked the end of her career. Devastated, our client made a claim for long-term disability (LTD) benefits. Lincoln approved her claim and issued benefits for 1 year.
Then, the insurance company falsely claimed our client had recovered enough to return to full-time work. Dabdoub Law Firm corrected Lincoln by showing our client’s current state of health.
Increased Pain Levels with All Physical Activity
To prove our client’s medical condition, we had her undergo a functional capacity evaluation (FCE). The FCE revealed that our client could not sit comfortably for more than 6 hours a day, disqualifying her from a sedentary, full-time occupation.
The FCE also demonstrated increased pain levels with all physical activity during the evaluation. Our client’s medical records confirm the results of the FCE and reflect a deteriorating condition with increased pain levels. A board-certified orthopedic surgeon has documented the injuries to our client’s ankle and foot – for which she may need surgery. Yet another board-certified orthopedic surgeon has recognized problems with our client’s shoulder blade, pain that requires cortisone injections and shows up as disc problems in an MRI of our client’s chest.
Our client wants nothing more than to get better and is engaging in aggressive physical therapy and treatment with several specialists. Nevertheless, she cannot walk without limping and pain, and her ability to walk, stand, or transition from sitting to standing is significantly impaired due to the tear in her right foot. Her shoulder pain makes it difficult for her to change clothes or pick things up from the floor.
Although she wants to return to work, our client’s medical conditions make it impossible.
Lincoln Relies on Flawed Peer Reviews
To deny our client’s claim, Lincoln relied on paper-based reviews completed by hired consultants. In these peer reviews, doctors decided our client’s capabilities without an examination. One of Lincoln’s consultants even recognized that our client was only capable of completing 2 to 5 hours of work per day.
Still, Lincoln terminated her benefits without sending our client to a physical examination to set the record straight. Lincoln had no proof of our client’s physical capabilities. Now, it has full proof of our client’s disability.
Additionally, Dabdoub Law Firm pointed out that our client’s occupation is more than sedentary and requires considerable travel. Even if our client were capable of sedentary work, she would not be ready to return to her job. As a plan administrator and fiduciary, Lincoln should have known this and upheld its duties under the Employee Retirement Income Security Act of 1974 (ERISA).
Unfortunately, Lincoln abandoned its duties toward our clients. Dabdoub Law Firm gave the insurance company another chance to consider evidence from the experts who unanimously conclude that our client is totally disabled under her policy.
With a second, good-faith look at our client’s situation, Lincoln reinstated her LTD benefits upon appeal. Dabdoub Law Firm is pleased to have helped our client after her life-changing motor vehicle accident.
Help from a Lawyer with Expertise in Disability Insurance
Disability insurance law is complex, which is why you should hire an experienced disability attorney to help you with your case. Because all disability lawyers at our firm focus on disability insurance claims, we have expertise in disability insurance law.
That means we have:
- Experience with every major disability insurance company.
- A proven track record of success in major disability lawsuits.
- Recovered millions of dollars in disability benefits for clients.
Additionally, we never charge legal fees or court costs unless our clients get paid.
Dabdoub Law 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
- Filing a lawsuit against your disability insurance company.
Because federal law applies to most disability insurance claims, our lawyers can represent clients across the country.
Call us at (800) 969-0488 or contact us online to schedule a FREE consultation with an experienced disability attorney.
