At Bartolic Law, we can guide you in filing disability claims for COPD, increasing your chances of getting your claim approved. We’ll help you understand the application process and the types of evidence you’ll need to present to have your claim approved. We have helped clients with COPD obtain disability benefits.
Medical records and doctors’ opinions are necessary to establish your claim, but they leave an opportunity for insurers to come to different opinions about what those records show. We have helped clients actually demonstrate themselves getting short of breath and having trouble breathing when trying to perform even simple tasks, like walking short distances or climbing a few stairs. This can go a long way in getting your disability claim approved.
There are several ways we can help with denied disability claims for chronic obstructive pulmonary disease. Steps you can take to protect yourself include attending doctor visits regularly, having them document your COPD as a disability, and keeping records regarding all diagnostic testing, treatments, and follow-up care. You should also keep a journal documenting the impacts your chronic condition has on your life and your ability to work while getting statements from family members and co-workers, as well.
If you already have a denied disability claim, you have the right under the Employee Retirement Income Security Act of 1974 (ERISA) to file an appeal. A Chicago disability lawyer can guide you through this process, take several actions on your behalf such as reviewing your filed claim, the supporting documents attached to it, and responses from the insurance company. We can also father additional evidence in support of your claim, make effective arguments at administrative hearings and file a lawsuit against the insurer if your claim continues to be denied or delayed.
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, we act as a strong legal advocate on the side of people filing disability claims for chronic obstructive pulmonary disease. To learn how a Chicago Long-Term Disability lawyer can help you get the disability benefits you deserve, complete this questionnaire, and one of our representatives will contact you. Or, just Book Online.