Our client from Alexandria, Virginia submitted a claim for long-term disability (LTD) benefits with Life Insurance Company of North America (LINA) due to debilitating chronic migraines that prevent him from working as a consultant in software engineering and severely affect his daily life. Despite extensive medical records and other evidence about his disability, the insurance provider denied his claim in September 2021.
Dabdoub Law Firm helped our client prepare and submit an appeal to this disturbing decision. Our supporting documents included detailed medical and non-medical evidence of our client’s disability such as medical evaluation and regular symptoms reports.
Our Client’s Chronic Migraines Have Been Debilitating and Increasing in Frequency and Severity Over the Years
Although our client began experiencing migraines in 2008, he managed to keep working for several more years before the headaches became too frequent and painful for him to maintain his occupation. Even as pain medication was not enough anymore, he pursued regular Botox injections as 15 migraines a month became the norm. He kept pushing through his health difficulties due to his excellent work ethic until his condition meant more days with migraines than without.
Our client met the definition of disability when he submitted his LTD claim because he was unable to:
- Perform the material duties of his occupation
- Earn more than 80% of his indexed earnings from working in his regular occupation
His chronic migraines have worsened in recent years and have become a staple of his daily life most days of the month, which medical providers have observed during multiple visits to Jefferson Hospital.
Our client’s medical records continuously report the following symptoms:
- Nausea
- Vomiting
- Sensitivity to lights
- Sensitivity to sounds
- Sensitivity to odors
- Sore/stiff neck
- Concentration and memory problems
- Sleep disturbances
- Fatigue
- Dizziness
The frequency of his migraines went up to 26 days a month as of late 2021 and early 2022. Triggers like sitting at a computer can aggravate his refractory migraines.
Outpatient and Inpatient Treatment Have Not Managed to Improve Our Client’s Condition
Our client has been committed to improving his condition and has attempted multiple treatment options per his doctors’ recommendations. However, none provided appropriate and/or lasting results as his condition worsened.
In addition to a wide range of medications, our client also tried Botox injections, IV infusions, and even inpatient treatment. However, nothing yielded sufficient results for him to either continue working or improve his day-to-day activities.
Due to his symptoms and the side effects of multiple medications, our client struggled to conceive his daughter. He had hoped that by the time of her birth, his health would have improved but it was not the case. To alleviate some of his struggles to care for her, his family had to move closer to other relatives to receive appropriate support.
LINA’s Denial Was Unreasonable Given Our Client’s Extensive Medical Records of His Disability
LINA’s denial had no reasonable ground, especially considering the extensive records and doctors’ letters involved in our client’s original claim.
This wrongful decision makes especially no sense as the insurance company admitted that our client has an established diagnosis of chronic migraines, daily headaches, and that treatment and preventative medications have failed in improving his situation. It even acknowledged how the inpatient treatment attempt did not work.
Yet, the insurance company considered that our client did not need disability benefits because he presented “no evidence of functional loss” since he was able to stand and walk. This assessment is ignorant and dismissive of the debilitating symptoms our client experiences on an almost daily basis.
Thanks to Dabdoub Law Firm’s involvement, our client was able to successfully appeal LINA’s unreasonable decision and the insurance provider approved his LTD claims in the summer of 2022.
Disability Insurance Companies Have Lawyers. Shouldn’t You?
If you are facing the denial of your long-term disability benefits, you should consult an experienced disability lawyer. Our attorneys specialize in disability claims with insurance companies to help you secure a positive outcome for your appeal.
Why Dabdoub Law Firm?
- We have expertise in disability insurance claims.
- We built our firm to advocate for people who had their long-term disability benefits wrongfully terminated.
- We have fought every major disability insurance company and recovered millions of dollars in disability benefits for our clients.
- We have a proven track record of success and have won major disability lawsuits that helped improve the law for claimants like you.
Because federal law applies to most disability insurance claims, we can help you even if we are not located in your state.
All our lawyers are committed to helping people receive the disability benefits they deserve from insurance companies.
Call Dabdoub Law Firm at (800) 969-0488 to get 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.
Contact us today for a free consultation with one of our disability attorneys. We only get paid if we win your case.
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