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Guardian Wrongfully Denies LTD Benefits for Florida Client Battling Cancer

Dabdoub Law Firm Secures LTD Benefits for Client with Lung Cancer

In July 2023, Dabdoub Law Firm successfully secured long-term disability (LTD) benefits for our client in Florida after The Guardian Life Insurance Company of America wrongfully denied her claim. Keep reading to learn more about this recent success story in Tampa.

Attorney Schaefer Appeals to Guardian on Tampa Client’s Behalf

After she was diagnosed with lung cancer in February 2023, a Florida resident turned to her disability insurance company to fulfill its ethical and legal obligations by providing the long-term disability benefits she needs and deserves.

Despite the injustice and hardships of coming to terms with her cancer diagnosis, Guardian saw fit to perpetuate this injustice by wrongfully denying our client’s claim. Fortunately, Attorney Kevin Schaefer stepped in to advocate for the disability benefits she needs and deserves.

“[My client] is battling cancer,” Attorney Schaefer informs the insurer. “It’s unfair that she must also battle with Guardian for her disability benefits—of which she desperately needs.”

Our disability lawyer wasted no time in reminding Guardian of its fiduciary duties under ERISA law, adding that our Florida client—who is already fighting lung cancer—shouldn’t have to fight for disability benefits, too.

“The records make clear that [my client] cannot return to work in any capacity due to her ongoing battle with lung cancer,” Attorney Schaefer points out. In addition to her lung cancer diagnosis, our Tampa client was also diagnosed with chronic obstructive pulmonary disease (COPD).

Despite these serious health conditions, Guardian falsely justified their denial of benefits because our client’s conditions had stabilized.

“The Ninth Circuit has found stabilization of a medical condition already conceded to be disabling by a claims administrator, by virtue of paying LTD benefits, further proves continued disability,” Attorney Schaefer corrects, adding that his client continues to suffer from dyspnea, shortness of breath, coughing, wheezing, fatigue, cognitive issues, pain and balance issues. “These symptoms make it impossible for [my client] to lead a normal life.”

Guardian’s Denial of Benefits Was “Wrong & Unreasonable”

A wealth of medical evidence exists to support our Florida client’s rightful entitlement to benefits, including extensive diagnostic imaging, medical records, and continued treatment with cancer specialists. In May, her primary care physician concluded that her patient’s condition “significantly impacts her quality of life and results in functional limitations” and makes her “unable to be gainfully employed.”

In her personal statement, our Tampa client reflects on the drastic life changes the cancer has put into motion. Before her diagnosis, she remembers being “very active, outgoing, and productive.” Now, everyday activities—from sitting to standing to walking—come at a high price to her health and energy levels. She’s completely dependent on her husband for everyday needs, including cooking, chores, errands, and financial tasks.

Luckily, our experienced disability lawyers successfully secured the long-term disability benefits that our Tampa client rightfully deserved from the start, equipping her with the support she needs to live a better quality of life.

Help from a Lawyer with Expertise in Disability Insurance

This law firm was built to be a disability insurance law firm. That focus means:

Our disability lawyers can help you 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.

Hiring an experienced disability attorney is important. Because federal law applies to most disability insurance claims, our lawyers do not have to be located in your state.

Call (800) 969-0488 to request your free consultation with an experienced disability attorney. Pay no fees or costs unless you get paid.