Bartolic Law has experience helping clients suffering from Complex Regional Pain Syndrome (CRPS) obtain long-term disability benefits. We have helped clients at every stage of the process, including making a claim, appealing a denial, and lawsuits over benefits under ERISA § 502(a). In one case, a client suffered from CRPS and demonstrated multi-level lumbar spine arthropathy and stenosis and radicular pain in the client’s legs. The client had a sedentary occupation in a high-functioning executive capacity, and manifestations of CRPS in the form of cold skin and decreased mobility.
We successfully persuaded the insurer that the client was limited to working no more than 4 hours per day, which satisfies being disabled. In another matter, we recovered for a client suffering from intense CRPS in the client’s face. The insurer initially focused on the client’s lack of restrictions on sitting. However, we were able to demonstrate that the intensity and frequency of pain in the client’s face interfered with the client’s ability to maintain focus on tasks, precluding the client from any sustainable level of work.
Complex regional pain syndrome (CRPS), formerly called Reflex Sympathetic Dystrophy (RSD), is a debilitating condition that can result from a nerve injury or after another type of injury or illness. This condition generally impacts one or more limbs and can cause a number of symptoms, including ongoing throbbing or burning pain, swelling, sensitivity to cold or touch, changes in skin color, joint swelling, and more.
Symptoms vary from person to person, and a single victim can have changing symptoms during the course of CRPS. You might feel CRPS symptoms in one limb, or it might jump to another limb. Causes are unknown, and there can be many complications. While Complex Regional Pain Syndrome itself is an impairing medical condition, it also often represents a history of severe symptoms of other illnesses that significantly contribute to an inability to perform job duties.
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 have been diagnosed with CRPS, it can make it difficult to work or engage in regular activities. Bartolic Law can advise you of the best course of action and help you receive the benefits you deserve. To discuss your situation, complete the questionnaire below, and one of our representatives will contact you.