Bartolic Law has gotten many clients suffering from Osteoarthritis long-term disability benefits paid. We have worked at all stages of the case, from making a claim, to challenging a denial, to litigation. In one client’s case, the client suffered from Osteoarthritis in both knees and had a job that required standing and walking all day. Despite double knee replacements, the client still suffered considerable pain when standing and walking. The insurer initially denied the claim asserting the knee replacements restored full functionality, but we successfully persuaded the insurer the relief was not to a point to permit that kind of standing and walking.
In another case, we had a client with severe Osteoarthritis in the client’s hands and wrists, and the client’s work required frequent use of a computer, as many do today. Insurers’ assessment forms and medical reviews rarely focus on the capacity to use a computer or type, so we obtained an upper extremity specific functional capacity evaluation that focused on computer use, showing the client could not use the computer. While the insurer focused on sitting, standing, and walking, we redirected the focus on the main issue and helped the client get disability benefits paid.
This is the most frequently diagnosed type of arthritis, and millions of people suffer from this painful condition. Osteoarthritis happens when the cartilage that protects your bones wears down and affects your joints, including your hips, knees, hands, spine, and more. There is no way to reverse the damage caused by osteoarthritis, and you can experience pain, stiffness, swelling, bone spurs, crackling or popping, and other symptoms when you move the joint.
Many people with osteoarthritis struggle to engage in everyday activities, including completing job duties. This degenerative condition will only get worse over time.
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 osteoarthritis has a serious effect on your ability to work, you might qualify for long-term disability benefits. This process can be difficult, but Bartolic Law is ready to help. To find out how we might be able to assist, complete the questionnaire below, and one of our representatives will contact you.