Bartolic Law helped many clients suffering from Post-Concussive Syndrome get long-term disability benefits paid. In one client’s case, the insurer terminated benefits on the basis that symptoms should subside six weeks after experiencing a concussion. But that decision was based on what usually happens to people after a concussion, and not what our client experienced.
We explained to the insurer that Post-Concussive Syndrome is an umbrella term used to describe symptoms from the same trauma causing the concussion also resulting in a subsequent balance disorder. While the concussion is a trigger, the symptoms must be evaluated independently from the concussion. We also obtained objective testing demonstrating oculomotor symptoms and limitations, and obtained video footage of our client attempting to perform at-home therapy exercises. The client’s performance in those exercises and visible balance problems corroborated all the objective evidence and the client’s reported symptoms. As a result, we were able to help the client get paid.
Post-concussion syndrome is a medical condition that results from head trauma and brain injuries. Such injuries can be medically classified as mild traumatic brain injuries or concussions. A violent head shaking or turning can also cause a concussion. Generally, post-concussion syndrome lingers for a long time after a head injury, and this duration ranges between weeks and months. You don’t need to lose consciousness to suffer concussions or feel their effects. At times, the risk of developing post-concussion syndrome may not necessarily be tied to your initial injury’s severity. Some incidents that might lead to concussions and lasting symptoms include falls, car accidents, violent assaults, and head blows during impact games like soccer or rugby.
An affected person usually manifests the following symptoms: Throbbing headaches, insomnia,
depression, anxiety, dizziness, focusing difficulties, reduced memory, and cognitive abilities. Complications might increase later in life because of multiple concussions. Research in the last decade revealed that mild to severe brain trauma significantly increases the risk of suffering Alzheimer’s disease and other dementia forms. That means that an affected person is most likely to lose their working ability. Consequently, they might qualify for disability insurance benefits if they pursue a claim in a successful manner.
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)
Post-Concussion, or Post-Concussive, Syndrome occurs with higher frequency in (1) older individuals, (2) females, and (3) individuals who suffered the concussion in non-sports-related accidents. While there is a typical timeline for recovery from a concussion, there is no typical timeline for recovery from Post-Concussive Syndrome. Individuals’ response to treatment and recovery highly varies.
You shouldn’t panic if you suffered disabilities that have kept you from employment. Instead, you should talk to our legal team at Bartolic Law. We have handled numerous disability claims and appeals and are here to help you file for disability insurance benefits. Contact us for more information.