Recovering from cancer is not an automatic process, and many people develop secondary conditions after enduring chemotherapy and radiation therapy. This was the situation for our client, a Surgical Services Circulating Scrub Nurse in Tendoy, Idaho. When our client left her job, Mutual of Omaha approved her long-term disability (LTD) claim and paid benefits throughout her treatment.
After four rounds of chemotherapy and radiation therapy, our client developed peripheral neuropathy, chronic fatigue, and cognitive dysfunction. Although she left work due to her breast cancer diagnosis, her secondary conditions justified continued LTD benefits. Nevertheless, Mutual of Omaha terminated her benefits and claimed she could return to her regular, medium-strength occupation.
Doctors’ Orders After Cancer Treatment
Our client’s treating oncologist at the Portneuf Cancer Center instructed our client to avoid all activity, including lifting and carrying, using her hands or feet in repetitive actions, bending squatting, crawling, climbing, and reaching above shoulder level.
Her treating nurse practitioner noted that our client was limited to 1-2 hours on her feet due to pain, swelling, and numbness and recommended a nap every 2-3 hours.
With these restrictions, our client cannot fulfill the duties of her occupation.
Our Client’s Job Description
According to Steele Memorial Medical Center’s job description for the Surgical Services Circulating Scrub Nurse role, our client’s job description includes:
- Standing regularly
- Using hands in repetitive actions
- Walking frequently
- Sitting
- Climbing or balancing
- Stooping, kneeling, crouching, or crawling
- Lifting and carrying 10 to 25 pounds
Per doctors’ orders, our client cannot complete any of these tasks and cannot return to her regular occupation – or any occupation. Our client is disabled from returning to the workforce in a sedentary capacity due to significant cognitive impairment and an inability to sit for more than 4 hours, stand for more than 2 hours, and walk for more than 1 hour in an 8-hour workday.
Dabdoub Law Firm Highlighted Mutual of Omaha’s Mistake
Instead of reviewing the ample medical evidence our client provided, Mutual of Omaha terminated her LTD benefits with no rhyme or reason. Our client has doctors’ orders specifying that she cannot fulfill any of the duties of her occupation, and multiple medical professionals have agreed that even light work would be too physically demanding for our client.
Although she is recovering from breast cancer, our client’s secondary conditions are not improving. Not only is she entitled to LTD benefits now, but she will also be entitled to these benefits in the foreseeable future.
Dabdoub Law Firm paired our client’s doctors’ notes with the duties of her occupation in its appeal to Mutual of Omaha. Presented with the facts, the insurance company did not waste any time reinstating our client’s LTD benefits.
Attorneys That Specialize in Handling Your Disability Insurance Claims
Dabdoub Law Firm was created with a single purpose in mind: helping people get disability benefits from insurance companies.
With that kind of focus, we have:
- Experience with every major disability insurance company.
- A proven track record of success in long-term disability lawsuits.
- Recovered millions of dollars in disability benefits for clients like you.
Every day, our disability lawyers work to get insurance companies to approve long-term disability claims. We also appeal denials and help clients get terminated benefits reinstated.
In the event of an injury or illness, your disability benefits are your livelihood. With so much at stake, shouldn’t you have expert disability lawyers on your side?
We do not have to be located in your state. Because federal law applies to most disability insurance claims, we can help clients nationwide.
Call us at (800) 969-0488 or contact us online to speak with a disability insurance lawyer. Your case evaluation is free, and we don’t get paid unless you do.
