For 41 years, our client enjoyed a career in information technology (IT) in Lewiston, Idaho making about $120,000 per year. She planned to keep enjoying her occupation – and her salary – until her eventual retirement. Unfortunately, life had other plans.
Our client suffered a fall and had to have neck surgery. After the fall and the surgery, she was left with crippling neck pain and forced to file for disability benefits. LifeMap Assurance Company initially granted our client’s request for short-term disability (STD) benefits, but when she applied for long-term disability (LTD) benefits, the insurance company told her it had no proof of her medical condition.
Puzzled, our client contacted Dabdoub Law Firm for help.
Our Client Did Not Have a Miraculous Recovery
LifeMap paid our client STD benefits through the maximum benefit period due to chronic neck pain. The insurance company understood our client’s condition, and it knew that her health and physical abilities had not improved. LifeMap had medical records that made clear our client’s condition has only deteriorated over time.
Because LifeMap failed to examine the medical evidence it already had, Dabdoub Law Firm provided even more. Our client underwent a functional capacity evaluation (FCE) that revealed less than sedentary capabilities. Her doctors noted her debilitating and unrelenting neck pain, as well as the need for a spinal fusion surgery she is not well enough to have.
If our client is not well enough to have the surgery she needs, how does LifeMap expect her to return to work?
Our client’s medical records reflect that she did not go through a miraculous recovery. Rather, they document ongoing and unrelenting pain – and the fact that she is incapable of performing full-time sedentary work.
In addition to her pain, our client suffers from serious mental health conditions, including generalized anxiety disorder, major depressive disorder, and post-traumatic stress disorder (PTSD). Her chronic pain and debilitating physical conditions are very difficult for her to deal with and returning to work would only worsen her physical and mental health. Our client’s neurological health is also declining, according to her neurologist. She has been diagnosed with facial paresthesia, which may be a sign of bigger problems.
A spinal fusion surgery might help with our client’s neck pain, but due to cardiovascular issues, she is not healthy enough to undergo another invasive surgery. She also suffers from severe asthma, severe allergies, and nocturnal hypoxia – all of which are increased by the kind of activities she would need to complete at work.
There is no world in which our client does not qualify for LTD benefits.
Our Client’s Pain Impacts Every Aspect of Her Life
Before developing chronic pain, our client enjoyed hunting, fishing, and four-wheeling. Now, her “copious amounts of pain and instability” make everyday living a chore. She has stopped going to church, and her friends have missed her during the several volunteer activities they used to go to together.
One of our client’s friends explained how persistent pain and numbness have caused her to fall and led to drastic changes in her life. Our client – and her loved ones – hoped her neck surgery would bring relief, but the pain lives on, and it has led to negative changes in our client’s life.
LifeMap Could Have Been the Silver Lining
If LifeMap honored its fiduciary duties under the Employee Retirement Income Security Act of 1974 (ERISA), our client could have at least been spared the stress of losing her disability benefits. Instead, the insurance company failed to look at the information it had on file about our client and give her LTD claim a full and fair review.
Upon appeal, we gave LifeMap new medical evidence – and highlighted the information it already had about our client’s disability.
After hearing from Dabdoub Law Firm, LifeMap reversed its denial and awarded LTD benefits.
Disability Insurance Companies Have Lawyers. Shouldn’t You?
If you are facing a long-term disability claim denial, you should consult an experienced disability lawyer. Our lawyers specialize in disability claims with insurance companies.
Why Dabdoub Law Firm?
- This law firm has expertise in disability insurance claims.
- We built our firm to fight for people who were wrongly denied long-term disability benefits.
- We have fought every major disability insurance company and recovered millions of dollars in disability benefits for our clients.
- We have a proven track record of success and have won major disability lawsuits that helped improve the law for claimants like you.
Because federal law applies to most disability insurance claims, we do not have to be located in your state to help.
All our lawyers commit every day to helping people get disability benefits from insurance companies. Call us at (800) 969-0488 to get 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.
Contact us today for a free consultation with a disability attorney.