At Bartolic Law, we have gotten many clients suffering from Multiple Sclerosis long-term disability benefits paid. In particular, we helped multiple high-earning individuals who did not want a public record of their illness get the benefits paid in full, without litigation. In one matter, we represented a trial lawyer who was a partner in a large law firm and got diagnosed with Multiple Sclerosis after noticing difficulty with work. Like many people in these roles (such as doctors and lawyers) where clients’ well-being is in their hands, our client did not want to place clients at risk but was concerned about the insurer approving the claim so early in the diagnosis and treatment. By working closely with the client’s doctors and the insurer, we were able to persuade the insurer to pay the claim without a denial.
In another case, after a client’s MS progressed to the point of having repeated falls and constant instability, the insurer terminated the claim. The insurer’s doctors reviewed the evidence and wrote there was no evidence of neurological deficits or various symptoms. Along with every other tool we use (opinions, objective tests, video interviews), we made the insurer’s file searchable and pointed to every page of the insurer’s file that contained the very evidence the insurer’s doctors said did not exist.
Another diagnosis that can change your life is that of multiple sclerosis or MS. This central nervous system disorder can also be increasingly disabling as it progresses, and each person can have unique symptoms. Some of the many possible symptoms include weakness or numbness in one or more limbs, lack of coordination, tremors, vision problems, sensations of electric shocks in the body, tingling, slurring speech, dizziness and fatigue, and loss of bladder, bowel, or sexual function. Some people with MS can have bouts of remission and bouts of symptom relapse, and new symptoms might appear. Others steadily worsen with no remission, and they might lose their ability to walk or care for themselves.
Multiple Sclerosis affects individuals differently, and the symptomatology is not always linear. It can have highly variable levels of impairment from day-to-day. It is a good practice to maintain a log of your symptoms and what you were able to do each day. Insurers frequently deny or terminate Multiple Sclerosis long-term disability claims. Because MS is a chronic and progressive condition, an insurer can never show your condition improved, regardless of the treatment.
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 MS, you might be having trouble with your daily life and being able to earn a living. Bartolic Law can help you through the disability claims process. For a case consultation, complete the questionnaire below, and one of our representatives will contact you.