When your benefits are denied, seeking legal guidance from a local disability insurance benefits attorney helps many people to fight back against the insurer and appeal their denied claim. Recently, we helped a client win a case against Mutual of Omaha where the client suffered from back pain that made the client unable to sit long enough at one time or enough in total in a workday to maintain full-time employment.
Insurers’ medical consultants frequently disclaim any evidence substantiating back pain, but as the judge in our win put it, the insurer’s medical opinion was fabricated from whole cloth and was not based on the evidence. We do not stop fighting just because an insurance company’s doctor says you are not disabled. We pick their opinions apart to show they cannot be reliable, because your disability is real.
There are several spinal disorders that can result in disabilities. Your backbone consists of 26 vertebrae, which help to protect your spine. According to MedlinePlus, problems with these vertebrae or with the surrounding soft tissues can limit your movement and flexibility, resulting in long-term disabilities.
There are many common causes of disabling back pain. A few examples include degenerative disc disease, which can happen as you age; herniated discs, which often result from accidents and strain; osteoporosis, which occurs due to bone loss as you age. Some individuals develop sciatica, a condition in which problems with bones or discs result in compressed nerves, causing pain that radiates from the hips to the legs, or scoliosis, which is a chronic condition resulting in the curving of the spine. You may also have a condition of the spine, such as infections, osteoarthritis and tumors, which can happen due to chronic inflammation, injuries or illnesses.
Ferrin v. Aetna Life Ins. Co., 336 F. Supp. 3d 910 (N.D. Ill. Sept. 28, 2018) (holding insurance policy’s grant of discretionary authority is void under Texas law due to certificate being issued after effective date of regulation, and policy renewing after effective date, and holding Plaintiff was disabled from Any Reasonable Occupation where treating doctors certify she can sit at the occasional level, and insurer’s consultants opine Plaintiff can sit frequently, as weighing all evidence together would make capacity likely at low end of frequent range at best).
Sadowski v. Tuckpointers Local 52 Health & Welfare Trust, 281 F. Supp. 3d 710 (N.D. Ill. Dec. 20, 2017) (holding plan was arbitrary and capricious in denying medical benefits for removal of spinal cord stimulator following a fall down the stairs and infection where plan argued the expenses were caused by the same injury as the car accident necessitating implantation of the stimulator years earlier)
Tassone v. United of Omaha Life Ins. Co., 264 F. Supp. 3d 867 (N.D. Ill. Aug. 30, 2017) (awarding client long term disability benefits denied by United of Omaha despite insurer’s doctor opining there was no objective evidence of functional impairment)
Suson v. PNC Fin. Servs. Grp., Inc., No. 15-CV-10817, 2017 WL 3234809 (N.D. Ill. July 31, 2017) (holding Liberty Mutual’s denial of client’s long term disability benefits was arbitrary and capricious where Liberty Mutual disregarded client’s carpal tunnel syndrome and relied on a vocational opinion to which client never had an opportunity to address before litigation)
At Bartolic Law, our Chicago long-term disability attorneys understand how frustrating it can be to have to fight for the benefits you have earned. That’s why we focus on providing the trusted legal guidance clients need in these cases. It has never been easier to get the help you need. To get your case evaluated by a Chicago long-term disability lawyer, complete this questionnaire and one of our representatives will contact you or Book Online.