Bartolic Law has helped numerous clients suffering from Parkinson’s disease get their long-term disability insurance benefits paid. In one client’s case, the insurer terminated benefits after medication stabilized the client’s symptoms. But the condition did not improve. The client’s Parkinson’s disease was advanced enough the client struggled to fasten buttons and put shirts on without any help. The client’s job required handling stock. Using video evidence of the client’s symptoms and attempts to perform regular daily activities persuaded the insurer the client could not perform the material handling aspects of the client’s job.
In another client’s case, we helped the client make the long-term disability claim after the client’s Parkinson’s disease symptoms progressed to the point of preventing the client from performing CAD work any longer. Working with the employer and the client’s doctors, we were able to get the claim immediately paid. On behalf of a Network Engineer, after an insurer terminated disability benefits, we performed the appeal and demonstrated the client’s occupation required frequent computer use and typing. Due to the client’s hand tremors and rigidity, we demonstrated the client could not perform work on a computer any longer and persuaded the insurer the client was disabled.
Parkinson’s disease has several common symptoms, which can get worse over time, including slower movements, tremors in the arms, legs, hands, head, or jaw, increasing stiffness in the trunk or limbs, depression and trouble speaking. Some also experience chewing or swallowing problems, sleep disturbances, urinary issues and a lack of coordination and balance. Insurers denying or terminating claims frequently rely on hired doctors’ opinions that disclaim evidence of findings, symptoms, or side-effects of medications in any of your records.
The best way to quickly discredit their process is to find all the evidence the doctors say does not exist, and show how they mischaracterize the contents of specific records. When insurers hire doctors to review your file, most lawyers repeat the same failed approaches of arguing your doctors are more qualified and have more experience with you than the insurers’ doctors. Though true, that approach has not been typically accepted by courts. The better approach is to show why your doctors are more credible by pinpointing every flaw in the insurer’s doctor’s reasoning.
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 are experiencing symptoms of Parkinson’s, you might be having trouble with your daily life – needless to say, earning a living. Bartolic Law can help identify your options when it comes to long-term disability insurance benefits. For assistance, complete the questionnaire below, and one of our representatives will contact you.