Guardian Improperly Denies Cancer Patient's Claim Due to 'Lack of Medical Information'
Before reaching out to Dabdoub Law Firm, our client was a first-generation college student and hardworking professional. She obtained 3 master’s degrees and enjoyed a flourishing, fast-paced career as a consultant and advisor for large companies in major American cities. While she was working as Senior Enterprise Risk Manager for Lending Club in Rockford, IL, our client was diagnosed with chronic lymphocytic leukemia/ small lymphocytic lymphoma (CLL/SLL), a rare form of cancer that affects multiple parts of the body.
Our client underwent chemotherapy and immunotherapy to counter the Stage IV cancer in her lymph nodes and liver. She kept up with work and treatment until her immune system was too weakened to continue. At this point, our client noticed difficulties at work, took medical leave, and filed for long-term disability (LTD) benefits.
The Guardian Life Insurance Company of America (Guardian) quickly approved her claim and paid her benefits for 24 months. After the 24 months had passed, Guardian stopped paying benefits due to a supposed lack of supporting medical information. Distraught, our client contacted Dabdoub Law Firm.
How Dabdoub Law Firm Showed Our Client’s Ongoing Disability
Our client possesses overwhelming medical documentation proving her inability to perform in any occupation. Dabdoub Law Firm simply highlighted this evidence. As a result of her chemotherapy treatment, our client suffers from debilitating fatigue, brain fog, and cognitive impairment.
A neuropsychologist noted her difficulty with cognitive performance, as well as her extreme fatigue – our client could not even make it through the evaluation without exhibiting visible signs of fatigue and napping during breaks. Additionally, adjusting to her limitations has been hard on our client and she now displays features of an Adjustment Disorder with Mixed Anxiety and Depressed Mood.
Our client’s immune system has not healed either, and she continues to have problems with her hormone levels, digestion, thyroid, and pancreas – these conditions contribute to her fatigue and brain fog.
While her doctors have concluded that she is “nowhere near ready” to return to work, our client remains focused on recovery. She has been receiving treatment for anxiety and depression, and our client’s psychotherapist echoes the opinions of her other providers. Dabdoub Law Firm even had a board-certified internist evaluate our client, and his conclusions were the same. This doctor pointed out that even though her cancer is in remission, our client’s physical and psychological residue is unsurprising, and she should not be expected to return to “normal life, health, and functioning.” He also affirmed that she was undoubtedly unable to return to her previous employment at the time of assessment.
What Guardian Did Wrong
Under ERISA (the Employment Retirement Income Security Act of 1974), Guardian has a fiduciary duty to act “solely in the interest of the participants and beneficiaries.” By hastily and improperly terminating our client’s LTD benefits, the insurance company breached this fiduciary duty. Guardian’s “evidence” of our client’s “ability to work” was created by cherry-picking favorable details from her medical records while ignoring the very real documentation of her ongoing disability. Even some of Guardian’s “evidence” recognized our client’s mental health conditions and her inability to work.
When given a second chance, Guardian reversed its decision and reinstated our client’s benefits.
Our Lawyers Specialize in Disability Insurance Claims
Because Dabdoub Law Firm has always focused exclusively on disability insurance, our lawyers are experts in representing clients in pursuit of disability insurance benefits.
As a result, our disability lawyers have:
- Won several major disability lawsuits and improved the law for disability claimants.
- Experience fighting every major insurance company, including UNUM, Hartford, MetLife, CIGNA, Prudential, and more.
- Successfully represented hundreds of clients and won millions of dollars in disability benefits.
Federal law applies to most disability insurance claims, so our lawyers are also capable of helping clients across the country.
Disability insurance companies have lawyers. You should, too. Contact 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.
Call us at (800) 969-0488 for a free consultation with a disability attorney. No fees or costs until you get paid.