Bartolic Law has successfully obtained benefits for many clients suffering from carpal tunnel syndrome. In one client’s case, the client’s carpal tunnel syndrome impairments made them unable to work on a keyboard for more than a couple of hours per day, yet the occupation required doing so most of the day. The insurer consistently ignored these statements by the client’s doctor and focused on sitting and standing capabilities instead. After suing the insurer and plan, the court agreed the insurer’s disregard was arbitrary and capricious, resulting in victory for the client.
In another case, a senior sales manager had to perform much keyboard and computer work to manage the employer’s sales and service workflows, but could no longer work on a computer with advanced carpal tunnel syndrome and cervical stenosis. We helped that client get the long-term disability benefits paid, and remain in pay status.
Common activities that can contribute to or cause carpal tunnel syndrome might include computer use, data entry in customer service, and more. These motions compress the median nerve, which runs through the wrist and hand, and cause pain, numbness, and weakness in the hand. The chances of suffering from carpal tunnel can increase due to genetics, pregnancy, or certain underlying health conditions, such as diabetes or rheumatoid arthritis.
Carpal tunnel can worsen quickly and become debilitating. Strength and abilities in the hand might not come back for months to a year, and many people never adequately recover to resume the sort of occupational duties involving a keyboard they once performed. Insurers’ claim forms and template physician statements rarely seek to elicit the kind of restrictions and limitations associated with carpal tunnel syndrome. The forms will ask about reaching, fingering, or fine manipulation. But they never directly address keyboard and computer use, though it is often the most significant component of long-term disability claims involving carpal tunnel syndrome.
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)
If you believe you might need to file an LTD insurance claim due to carpal tunnel syndrome, you should not wait to speak with an experienced attorney. Complete the form below to receive a link to schedule a complimentary consultation. We may need a little additional information to perform a free assessment of your case. You can do it all from your computer or phone. Contact Bartolic Law today.