We understand how peripheral neuropathy affects your work. We helped a client maintain disability benefits due to peripheral neuropathy after undergoing aggressive cancer treatment. Though our client was no longer disabled due to cancer, the treatment was so aggressive that it resulted in severe peripheral neuropathy, making the client unable to work as an executive.
The insurer had a difficult time understanding that although the claim began due to cancer, it was the damage to nerves done by the treatment that left the client permanently disabled, despite successfully beating cancer.
One of the challenges associated with peripheral neuropathy concerns the ability to document it properly because patients are often impacted differently depending on which nerves are damaged. Peripheral neuropathy disability claims are frequently denied by insurers for failure to provide supporting evidence of the severity of the condition.
Documentation required by insurers often includes medical records detailing your symptoms and how they have progressed. They may also require a firm diagnosis from your doctor and results from diagnostic testing, records regarding treatments and follow-up care, and statements from yourself, your co-workers, and your family regarding the impacts peripheral neuropathy has on your life.
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)
In peripheral neuropathy disability claims, showing strong evidence that your symptoms are intense enough to prevent you from working can be critical to getting your claim approved.
Bartolic Law has helped many people obtain LTD benefits for peripheral neuropathy, and we may be able to help you get the benefits you deserve, too. We make getting the help you need easy and 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. Or book a consultation online.