Bartolic Law has helped many clients get long-term disability insurance benefits paid while disabled due to Reflect Sympathetic Dystrophy. One client spent most of the client’s career performing heavy work in construction. Due to an injury, the client had to transition to a new career in related account management and service, which did not require the same physical exertion. Over time, the back injury led to Reflex Sympathetic Dystrophy (RSD), and causing disability from the new role, too. It began with burning pain, stiffness, swelling, and reduced movement in the client’s neck and arms. We treated the insurance denial like preparing for a trial. We obtained expert opinions from the client’s doctors, referencing the medical treatment history.
We also obtained objective testing of the client’s functional capacity and a videotaped interview that functioned as a direct examination at trial. We even got recorded statements from a family member, like a fact witness at trial, explaining the family member’s observations of the client’s limitations after the progression of the RSD compared to before. Our approach resulted in recovery for the client. While no approach can ever guarantee an outcome, if you leave effort on the table, you will always wonder what could have been if you applied it. Work with Bartolic Law, and we will give it everything we’ve got.
RSD is a term that refers to one type of Complex Regional Pain Syndrome (CRPS). Victims of RSD might feel an ongoing burning sensation, extreme touch sensitivity, swelling, and more. RSD can impact your skin, bones, nerves, muscles, and blood vessels. RSD generally follows an injury, though the pain from RSD can be much more severe than the initial injury itself and can last long after the injury heals. Some symptoms of RSD include burning pain, stiffness or swelling, limited movement, touch sensitivity, and changes in the texture or temperature of the skin.
Diagnosing and treating RSD can be difficult, and there is no cure for the condition. Sufferers often experience extreme motor disability, and they might require intensive physical therapy, medications, or even surgery to reduce and manage symptoms. The effects of RSD are often debilitating, and many people with this condition or other forms of CRPS are unable to work or engage in their usual activities.
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)
Many people diagnosed with RSD cannot continue at their jobs for some time until their symptoms are under control – if that ever happens. Bartolic Law helps clients in this situation file claims to seek the disability insurance benefits they deserve. Fill out the questionnaire below for a case evaluation if you cannot work due to RSD or related conditions.