Bartolic Law helped many clients get paid by Liberty Mutual. In one client’s case, our client suffered from Chronic Migraines. The doctor Liberty Mutual hired to review our client’s medical records advised Liberty Mutual our client was not disabled because there was no objective evidence of the migraines impairing the client’s work ability. We rebutted this with the client keeping a journal of daily migraine symptoms that explained the severity of the symptoms each day, and the effect on the client’s tasks that day. We also pointed out each and every instance treating doctors noted the migraine symptoms to discredit the Liberty Mutual doctor. In another case, which we inherited from another firm that declined to file a lawsuit for the client, our client’s job in banking required the use of a computer. Despite including Carpal Tunnel Syndrome as a source of disability, and opinions the client was limited in keyboarding, Liberty ignored this connection to the occupational demands and merely concluded the client could sit and stand the required amounts for sedentary work. Liberty also changed its basis for denial after the client’s appeal, never giving the client an opportunity to address it. Despite inheriting the case other lawyers gave up on, we won a judgment for the client. We can help you defeat Liberty Mutual.
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)