A Kentucky truck with Transverse Myelitis lost his lawsuit against Standard Insurance Company for lack of medical evidence showing disability.
The United States Court of Appeals for the Sixth Circuit agreed that Mr. Bustetter had not shown by a preponderance of the evidence that he was disabled from all occupations.
Mr. Bustetter's medical problems began in October of 2014 when he had knee pain that prevented him from driving trucks. He aggravated the pain while landscaping and underwent surgery to repair his knee.
That same month, Mr. Bustetter experienced numbness and weakness in his arms and legs, along with muscle spasms in his back and neck. His doctors diagnosed him with an inflammatory disorder of the spinal cord, transverse myelitis.
His disability insurance company, Standard Insurance, approved Mr. Bustetter’s claim for long-term disability benefits under the Own Occupation clause. However, Standard terminated Mr. Bustetter’s benefits when he failed to show that he was disabled from all occupations.
Why Medical Records Are So Important
The medical records Mr. Bustetter submitted during the appeal process were insufficient to show that he was disabled from all occupations. The court specifically notes that Mr. Bustetter’s physical therapist:
- never found that he was unable to perform the duties of any occupation,
- never discussed any workplace accommodations,
- never discussed whether he had restrictions and limitations caused by his myelitis.
This is a common problem seen in disability cases. Most disability insurance plans require the claimant to prove their disability through medical evidence, including medical records. Providing insufficient medical records—ones that do not demonstrate impairment—can be detrimental to your claim.
At Dabdoub Law, we focus on building up the case and getting as much relevant medical evidence as possible.
Patients have a special relationship with their doctor when it comes to the treatment and care of their disability. That is why our lawyers will work with your doctors to gather all relevant medical records and medical testing that is needed to prove your disability.
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.
- This law firm has expertise in disability insurance claims;
- The firm was built 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 clients;
- We have a proven track record of success and have major disability lawsuits that helped make new laws.
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 to get help with:
- Submitting your disability insurance claim,
- Appealing a long-term disability denial,
- Negotiating your lump-sum settlement, or
- Filing a lawsuit against your disability insurance company.
Call us at (800) 969-0488 or contact us online to speak with an experienced disability attorney. Consultations are free.