Before she began suffering from chronic pain, an engineer in Atlanta, Georgia greatly advanced our nation’s space program and enjoyed a long, fulfilling career. When her car was T-boned by a speeding car that ran a red light, her pain was exacerbated and became more difficult to work through. Years later, her physical condition had deteriorated to the point she needed to apply for long-term disability (LTD) benefits.
Fortunately, her group disability policy with the Life Insurance Company of North America (LINA) covered disability caused by chronic pain and other medical conditions, including degenerative disc disease, back pain, migraines, chronic fatigue, and fibromyalgia.
Notably, the engineer’s prestigious position at Martin Marietta Manned Space Systems meant her benefits would be larger than the average monthly LTD payout. To protect its own interests, LINA denied her claim. Then, the engineer called Dabdoub Law Firm.
LINA Fails to Act in Our Client’s Best Interest and Denies Her Claim Without an Evaluation
Instead of reviewing our client’s claim fairly, as required by ERISA, LINA hired an “independent” physician to review her file. This physician either conducted an extremely sloppy review or intentionally omitted important evidence and falsified medical statements. According to LINA’s physician, our client suffered “no functional limitations.”
The evidence our client presented proves that this is not true. For instance, our client’s treating neurophysiologist evaluated and wrote about her pain on several occasions, concluding that she is not fit for sedentary work because of moderately severe pain, an inability to sit for longer than 4 hours at a time, migraines, and symptoms and side effects that interfere with attention and concentration. Over the last year, our client’s doctors noticed:
- Joint swelling and tenderness
- Visible swelling and neuropathic pain
- Neck and back pain
- Cognitive impairment
To provide LINA with even more evidence of our client’s disability, we provided the insurance company with an independent functional capacity evaluation, where a physical therapist determined she was unable to work. Additionally, a pain management specialist reviewed our client’s records – the very same records LINA’s doctor reviewed – and found that our client suffered from a wide variety of pain and limitations and needed to spend at least 3 hours a day in bed to manage her condition.
Our client cannot sit for more than 15 minutes at a time up to 3 hours a day, and she cannot stand or walk for more than 10 minutes at a time or 1 hour each per day. How is she supposed to fulfill the duties of any occupation, particularly her own demanding career as an engineer?
When we asked LINA this question, the insurance company had no answer and was forced to acknowledge the serious and genuine nature of our client’s medical condition. To avoid a lawsuit under ERISA, LINA stood by its beneficiary and paid our client 10 months of LTD benefits. If LINA fails to pay LTD benefits until our client turns 65 or makes a miraculous recovery, she reserves the right to file suit in federal court – and Dabdoub Law Firm will always be here to help.
Lawyers with Expertise in Disability Insurance Claims
Our firm has always focused exclusively on disability insurance law.
Because we specialize in long-term disability, our clients get the benefit of:
- Having an attorney who is an expert in long-term disability claims.
- Having an attorney who has experience with every major disability insurance company.
- Being backed by a law firm that has a proven track record of winning tough disability lawsuits.
Call 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.
Dabdoub Law Firm represents clients nationwide with disability claims governed by federal law and can help clients in any state.
Call us at (800) 969-0488 or contact us online to speak with an experienced disability attorney. Pay no fees or costs unless you get paid.