Guardian Takes Away Long-Term Disability Benefits With No Supporting Evidence
A garage door service technician in Brooksville, Florida lost his ability to work in both physical and sedentary capacities after an off-site back injury. He was forced to leave his position on September 19, 2016, and began receiving long-term disability (LTD) benefits from Guardian Life Insurance Company of America in December of that same year.
In August 2019, Guardian terminated his benefits, even after a Special Investigation Unit (SIU) and a Functional Capacity Evaluation (FCE) yielded no evidence of his ability to work. Dabdoub Law Firm stepped in, conducted an independent FCE, and provided documentation to reinstate our client’s rightful benefits.
Details of the Garage Door Service Technician Case
Due to an annular tear at L5-S1, spondylosis, chronic low back pain, and epigastric pain, our client suffers daily pain in his back and radiating pain down his legs. His treating physician has explained, on numerous occasions, that our client cannot work in his original occupation, which requires heavy physical capacity, nor work full-time in any sedentary occupation. Our client is generally housebound and cannot sit, stand, nor walk for extended periods.
He is not fit for work just because he can perform limited activities around the house. Further, even with surveillance, Guardian could not find our client doing any activity that would disprove his disability.
In a last-ditch effort to justify their decision, Guardian required our client to participate in an FCE. That evaluation, too, found that he was effectively disabled. Our client could not even complete a basic treadmill test because of his pain.
Despite all these failed attempts to discredit our client’s valid and ongoing disability, Guardian still had the audacity to terminate his benefits.
Dabdoub Law Firm Sets the Record Straight
On seeing our client’s ludicrous denial letter, our disability lawyers snapped into action. We sent Guardian his extensive prescription history for pain meds, the results of an independent FCE, and information from our client’s primary physician. Our client cannot lift, bend, sit, or stand for long enough to complete a job and suffers from debilitating pain every day. Sadly, his condition has not changed – nor is it likely to.
Fortunately, we did not allow Guardian to abandon its fiduciary duties, and our client’s LTD benefits were reinstated.
Disability Insurance Companies Have Lawyers. Shouldn’t You?
Because our law firm was created to focus on disability insurance, we have developed expertise in this complex area of the law.
Our expertise in long-term disability claims means our clients have the backing of attorneys who:
- are experts in disability claims,
- have fought all major disability insurance companies and know their tactics,
- have a track record of success,
- have won major disability lawsuits that set beneficial legal precedents, and
- recovered millions of dollars in disability benefits.
Because federal law applies to most disability insurance claims, we do not have to be located in your state to help. We help clients nationwide.
Call to get experienced disability lawyers on your side 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.
Call us at (800) 969-0488 or contact us online for a free consultation with a disability attorney.