Dabdoub Law Firm Secures Lincoln LTD Benefits for Florida Walmart Employee
Last June, Dabdoub Law Firm successfully appealed to Lincoln National Life Insurance Company on behalf of a disabled resident in Florida. After Lincoln wrongfully terminated her long-term disability (LTD) benefits, the former Walmart employee turned to our disability insurance attorneys for help reinstating the disability benefits she rightfully deserves. Keep reading to learn more about this recent success in Fort Lauderdale, FL.
Dabdoub Attorney Appeals to Lincoln on Behalf of Client with Rheumatoid Arthritis
After Lincoln abruptly terminated her LTD benefits without cause in September 2022, our Florida client turned to Attorney Kevin Schaefer and our other Dabdoub disability lawyers for help.
“The objective evidence of disability is staggering,” Attorney Schaefer tells the insurer in his appeal. “The records overwhelmingly confirm [my client] is disabled and physically incapable of performing the duties of her occupation as an operations lead for Walmart.”
At 59 years old, our Fort Lauderdale client suffers from rheumatoid arthritis (RA), lumbago, lumbar radiculopathy, sciatica, bursitis, and degenerative disc disease. Last year, the crippling pain of managing so many debilitating conditions forced her to step away from the career she loved.
A former operations lead for Walmart, our Fort Lauderdale client was held to high physical standards to fulfill her day-to-day role. At a minimum, she was required to lift and carry up to 50 pounds, in addition to constantly sitting, standing, and walking.
“The [medical] records make it clear that [my client] cannot meet such demands,” Attorney Schaefer concludes firmly. “The records have always shown [she] is disabled and incapable of meeting her job demands.”
A few months following Lincoln’s unjust termination, our client’s primary care physician confirmed that she “has no work capacity” whatsoever due to persistent severe joint pain, right hip pain, groin and pelvic pain, finger pain, and sciatica with low back pain—symptoms that make it impossible for her to perform her job duties.
Attorney Schaefer adds that his client’s conditions “have only progressed” since she was first forced to leave her work. Even with consistent physical therapy treatments, she struggles with numerous activities of daily living (ADLs), including bathing, cleaning, and maintaining her home.
Lincoln’s Termination of LTD Benefits Was Wrong & Unreasonable
In his appeal, Attorney Schaefer reminds Lincoln of their egregious error in hiring a consulting physician to review our client's medical records. Somehow, their hired representative concluded that the patient "is not physically restricted in any manner."
"Without any medical rationale or justification, Dr. Yawingu effectively suggests that [my client] and her doctors are lying about her conditions and her limitations,” Attorney Schaefer responds, adding that this review wasn't based on any type of physical examination.
To put these doubts to bed, our client underwent a functional capacity evaluation (FCE) in February, which courts have consistently upheld as “the best means” of assessing individual functionality. The FCE confirmed that our client cannot meet the physical demands of even a sedentary occupation.
“These physical restrictions and limitations preclude full-time work at any demand level, especially her medium-level occupation,” Attorney Schaefer points out. He adds that his client’s spine specialist confirmed additional diagnoses: bilateral carpal tunnel syndrome and chronic bilateral radiculopathy.
In addition to extensive medical evidence and a pain log detailing widespread pain and discomfort, our client also provided personal letters of support from friends and loved ones in her life—including her close friend Rebecca, who recalls that our client was a former "workaholic." Even our client's handyman noticed substantial changes in her health, adding that she now "walks with a limp," can no longer assist with yard work, and has difficulty driving due to pain.
Fortunately, Attorney Schaefer and our seasoned Dabdoub lawyers successfully reinstated our Fort Lauderdale client’s disability benefits, reversing Lincoln’s unjust termination and restoring our client's ability to live her life to the fullest.
Lawyers Specializing in Disability Insurance Claims
Disability insurance is easily one of the most complex areas of our legal system. It’s imperative to seek sound counsel from a lawyer who focuses on disability law. As a law firm built to focus on disability insurance, our lawyers specialize in disability insurance. We work every day to get our clients' long-term disability benefits approved.
Because federal law applies to most disability insurance claims, so we do not have to be in your state to help. If your claim for long-term disability benefits was denied or delayed by an insurance company, call us to speak with a disability insurance attorney.
Our firm represents clients throughout the U.S. with:
- Submitting a disability insurance claim;
- Appealing a long-term disability denial;
- Negotiating a lump-sum settlement; and/or
- Filing a lawsuit against your disability insurance company.
Call (800) 969-0488 to schedule your free consultation with a disability attorney.