Lincoln Ignores Advice From Its Own Physician to Terminate Benefits for Mentally Ill Man With Comorbid Conditions
Before multiple medical, physical, and psychiatric impairments caused a Stockton, CA man to stop working, he loved his job at BPS Supply Group. Once he was unable to meet the demands of his job, however, he was forced to seek disability benefits from Lincoln.
After reviewing medical evidence, Lincoln awarded short-term disability benefits. Still, the company decided to deny the man’s claim for long-term disability benefits with no change in circumstance. The man appealed, but his appeal was unsuccessful. As a result, he hired Dabdoub Law Firm.
Panic, Depression, Chronic Pain, and More
Although disability claims are subject to a 24-month mental health limitation period, our client had comorbid conditions. Not only did he suffer from panic, depression, hopelessness, suicidal ideation, poor sleep, and dizzy spells but he also struggled with chronic pain. Further, an abnormal brain scan found 2 white masses in our client’s brain, and an MRI of our client’s spine found bulging discs and soft tissue thickening, which results in severe back pain.
We provided evidence of our client’s “multiple comorbidities,” and highlighted statements from his physicians suggesting that he is permanently and totally disabled from any gainful occupation. Our client’s mental health conditions are exacerbated by work, and due to pain, he cannot sit for more than 2 hours per day.
What Lincoln Did Wrong
Lincoln, like all major insurance companies, has the power to interpret and apply the terms of its disability policies. Under ERISA, the company must also act in the best interests of its policyholders and beneficiaries.
In this case, Lincoln pretended to conduct a careful and diligent review by having a physician review our client’s case. Nevertheless, the insurance company ignored the physician’s conclusion that our client “appears to be totally and permanently disabled from any gainful employment.” Lincoln also requested a medical examination but canceled the appointment after learning about how much such an evaluation would cost.
For these reasons, Lincoln failed to conduct a fair and reasonable review of our client’s case. Instead of adhering to the advice of a physician the company hired, Lincoln chose to ignore our client’s comorbid conditions and endless medical evidence to protect its own bottom line.
The decision to terminate benefits and deny our client’s appeal was baffling, but Dabdoub Law Firm gave Lincoln a chance to correct its errors before pursuing litigation on our client’s behalf.
Fortunately, the company complied.
Help from a Lawyer with Expertise in Disability Insurance
Dabdoub Law Firm was built to be a disability insurance law firm.
That focus means:
- All of our lawyers specialize in disability insurance claims.
- We have experience with every major disability insurance company.
- We have won important long term disability lawsuits.
Our disability lawyerscan help you 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.
If you want disability benefits, you need an experienced disability attorney. Because federal law applies to most disability insurance claims, our lawyers do not have to be located in your state to handle your claim.
Call us at (800) 969-0488 or contact us online for a free consultation with an experienced disability attorney. We do not charge legal fees unless you get paid.