Bartolic Law has helped many clients suffering from Meniere’s Disease and related vertiginous disorders get long-term disability benefits paid. Chicagoans are fortunate enough to have access to some of the best treating physicians for vertiginous disorders in the country.
In one client’s vertiginous disorder case, an insurer denied the claim for lacking any objective evidence of symptoms and limitations. It characterized all the symptoms and limitations as self-reported and self-limiting. We referred the client to a world-class otoneurologist focusing on vertiginous disorders. The otoneurologist performed various tests showing objective signs of the symptoms, including a computerized dynamic posturography (CDP) and a vestibular evoked myogenic potentials (VEMP) test. We were then able to combine this objective evidence with live video footage of the client trying to perform certain tasks, and it showing the dizziness. Combining medical evidence with real life footage, we were able to get the client’s claim paid.
The National Institute on Deafness and Other Communication Disorders (NIDCD) estimates that 615,000 Americans suffer from Meniere’s disease. This hearing condition affects people of all ages, although it appears at many people’s peak ages—40 to 60 years. Mostly, it affects one ear. Its actual cause is still unknown, although most of its symptoms stem from the inner ear’s abnormal fluid flow. Still, medical experts don’t know what causes this abnormal excretion but generally point to contributing factors like incorrect fluid drainage because of clogging, abnormal immune responses, viral infections and hereditary factors. Affected people display varying symptoms, and some signs can appear abruptly, although their duration and frequency still vary.
Sudden symptom eruption can last between 20 minutes and 24 hours. Vertigo is its leading symptom and involves sweating, nausea, vomiting, abnormal heartbeats, dizziness, and rotational sensations. This disease often impairs a person’s balance and increases their risks of falling or accidents. Due to vertigo, someone may lose their ability to perform their job functions effectively. For example, they can’t drive, operate machines, or climb ladders. Thus, patients whose jobs require any such activities might not be able to work. In addition, the disease could cause further complications like deafness. In this situation, one’s life may be permanently disrupted, causing them disability that might affect their ability to work.
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)
Meniere’s Disease manifests similarly to other vertiginous disorders and can cause you to feel dizzy. This makes any kind of work requiring you to be on your feet, or work requiring looking at a screen, especially difficult. Many people suffering from vertiginous disorders make accommodations for themselves they often do not aware can help a long-term disability claim. Clients have installed stabilizing devices in their homes, modified how they get in and out of cars, and changed how they stand from being seated or lying down. This evidence all helps your claim.
Meniere’s disease can cause disabilities that can render people unemployable. However, disability benefits might be available, and you can consult with Bartolic Law, to evaluate your situation to see if it qualifies for disability insurance benefits. Contact us today for a free consultation.