Dabdoub Law Firm and our client Darryl Ashmore, a former National Football League (NFL) player, have secured a monumental win in federal court. Ashmore applied for long term disability benefits due to chronic pain caused by the high-impact sport, but he was denied after missing certain medical exams. United States District Judge Kenneth Marra sided with our client’s lawsuit and argument, finding a lack of valid reasoning behind the denial of his benefits.
Details of Ashmore’s Disability Claim & Case
Ashmore made a successful career for himself as an offensive lineman for the Oakland Raiders, Washington Redskins, and St. Louis Rams. The totality of his NFL career spanned more than a decade, only coming to an end due to health complications he experienced due to his occupation. In specific, Ashmore now lives with chronic neck, back, and knee pain that causes varying degrees of debilitation each day.
He originally filed a claim in September 2015 for total and permanent disability benefits based on his chronic, disabling conditions. An appointment was scheduled for him the next month, on October 15th, 2015, in San Antonio, Texas. The situation started to become complicated when he was told to attend another examination appointment on October 20th in North Palm Beach, Florida — and another examination on October 22nd in Tampa Bay, Florida. Traveling so much in such a short period of time is problematic for anyone, but it would prove especially difficult for someone living with chronic pain, as Ashmore was.
He requested that the examinations be rescheduled due to the short notice and the excess of traveling between facilities. To make it simpler for everyone, he asked if all appointments could be scheduled at facilities no more than 45-minutes from his Florida residence. The NFL Player Disability Neurocognitive Benefit Plan that handled his disability claim reported the best it could do was three consecutive examinations in Atlanta, Georgia on November 2nd, 3rd, and 4th. Ashmore inquired if the Plan could be more accommodating, prompting the Plan agent to note the Atlanta examinations were canceled and his requests would be forwarded to a specialized Plan committee for review.
Much to Ashmore’s surprise, though, he would later be told his long term disability application was outright denied due to him missing the Atlanta appointments, which he had been told would be canceled. He understandably decided the only option left was bringing a disability lawsuit against the Plan for the mismanagement of his claim and the wrongful denial of his disability benefits.
Dabdoub Law Firm Steps In & Protects Ashmore’s Rights
Ashmore did not have to search for legal help long before coming in contact with Attorney Edward Dabdoub and Attorney Carter Sox of Dabdoub Law Firm. As a nationwide leader in long term disability claim management, appeals, negotiations, and litigation with a history of taking on every single major insurance company and provider, we were confident in our ability to find justice and compensation for Ashmore.
From the beginning, Attorney Dabdoub focused on just how Ashmore’s case had been poorly managed, and how he had been treated unfairly. He noted that each NFL player deserving of long term disability benefits should not have to go through a legal fight to secure them, as Ashmore had been forced to do. The plaintiff’s statements were backed by inarguable evidence, namely the official communications that claimed the Atlanta examinations had indeed been canceled. Judge Marra agreed with Dabdoub Law Firm’s argument, granting a summary judgement against the Plan.
Would you like to know more about Dabdoub Law Firm and our long term disability attorneys? Please feel free to contact us at any time to request a free consultation. We work with clients all across the country, from all types of occupations, and who have experienced all sorts of disabilities.