For those who are unable to work as a result, employer-provided long-term disability benefits can help offset lost income. However, lumbar radiculopathy disability claims are often denied due to a lack of proper documentation. At Bartolic Law, we have extensive experience in helping clients suffering from lumbar radiculopathy get their disability claims paid. Our Illinois long-term disability attorneys have extensive experience in these types of cases and can help you get the disability benefits you deserve.
One of our clients worked as a consultant and suffered from lumbar radiculopathy, making him unable to maintain a single position for any meaningful length of time. We helped this client get the claim paid at the application, to avoid the long wait that accompanies a denial and appeal. We handled the claim at the outset like an appeal, getting a functional capacity evaluation, and a vocational opinion.
Lumbar radiculopathy involves damage to nerve roots in the lower back region. It can happen in the aftermath of an injury or due to an illness, overuse, or genetic conditions. Squeezing and pressure on these nerve roots can result in potentially debilitating symptoms, which include numbness and tingling in the feet and legs, muscle tightness and spasms, sharp, shooting pains in the lower extremities, general weakness and discomfort in the affected area, and the need to constantly change positions.
Sciatica, which involves pain that radiates from the back or hips and runs down the leg, is a common manifestation of lumbar radiculopathy. Treatments often involve physical therapy, medications, the use of braces or supports, and in some cases, surgery. Unfortunately, these are often unsuccessful, and symptoms associated with lumbar radiculopathy are likely to get worse over the years.
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)
It is important to be aware that in cases where lumbar radiculopathy disability claims are denied, the Employee Retirement Income Security Act of 1974 (ERISA) dictates the process for filing an appeal. Whether you are filing a claim, appealing denied benefits, or ready for a lawsuit, Bartolic Law can provide the legal help you need. Getting the help you need with your long-term disability benefits has never been more convenient. To get your free case evaluation by a Chicago long-term disability lawyer, complete this questionnaire and one of our representatives will contact you. Booking online is also available.