Dabdoub Law Firm is currently representing a client in her pursuit of long-term disability (LTD) benefits from the Life Insurance Company of North America (LINA). We are providing LINA with one final opportunity to conduct an unbiased and comprehensive review of our client's LTD claim. We encourage LINA to make an honest assessment of the case and make the rightful decision to award benefits.
While litigation may seem unnecessary, the choice lies solely with LINA. If they fail to approve and pay our client's claim after this thorough review, we will be compelled to take legal action.
Despite possessing sufficient evidence that supports our client's disability under the terms of LINA's disability insurance policy, we have enclosed additional medical and non-medical proof to strengthen her claim for LTD benefits further.
Our Client’s Polymyositis Diagnosis is Debilitating
Our client, who held the position of Division Manager for Riverside Superior Court in California, had to cease working due to polymyositis, a condition that causes widespread weakness throughout her body. According to the Mayo Clinic, polymyositis is a rare inflammatory disease that results in muscle weakness affecting both sides of the body, making simple activities like climbing stairs, standing up from a seated position, lifting objects, or reaching overhead challenging. Unfortunately, there is no known cure for polymyositis. Complications of this disease can include difficulty swallowing, aspiration pneumonia, and breathing problems. Additionally, polymyositis is often associated with other health conditions like Raynaud's phenomenon, connective tissue disorders (such as lupus, rheumatoid arthritis, Sjorgen’s syndrome, scleroderma), cardiovascular disease, lung disease, and cancer.
In addition to a history of ischemic stroke, our client experiences muscle weakness in both her upper and lower extremities, finds it impossible to lift her arms above her chest, and often requires the assistance of a walker or cane for mobility.
Our Client's Limited Functional Capacity All but Demands Disability Support
To dispel any doubts about our client's physical capabilities, she underwent a functional capacity evaluation. This evaluation is widely recognized as the most effective means of assessing an individual's functional level. Courts have acknowledged that licensed physical therapists conducting these tests are "professionally trained and ideally suited to evaluating how a particular injury affects functional ability."
Carissa Beyer, PT, conducted an extensive physical evaluation of our client. She concluded that due to persistent, fluctuating pain, our client cannot sit continuously in an upright chair for two hours, thereby making it impossible for her to work an eight-hour day at any physical demand level, including sedentary occupations. Ms. Beyer further noted that even if our client could sit continuously for two hours—which she can't—her significantly weak grip and pinch strength would prevent her from performing keyboarding and grasping tasks effectively, which are integral to nearly all sedentary jobs.
LINA appears to have disregarded its fiduciary responsibilities to our client, a beneficiary under the LTD Policy. Instead of considering the medical evidence highlighting her numerous, chronic symptoms, LINA relied on its own reviews to terminate her disability benefits. We hope that upon objective and fair review of the medical evidence, LINA will reinstate our client's LTD claim without further delay and pay benefits retroactive to the date they were discontinued.
Help from a Lawyer with Expertise in Disability Insurance
This law firm was built to be a disability insurance law firm. That focus means:
- All of our lawyers specialize in disability insurance claims.
- We have experience with every major disability insurance company.
- We have won important long-term disability lawsuits.
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.