Bartolic Law has helped drivers, including those with a Commercial Drivers License, obtain long-term disability benefits. In one case, we helped a commercial driver whose long-term disability claim got denied by the insurance company. The client suffered from advanced diabetes and experienced nerve damage in the client’s extremities. The client lost a commercial driving license, prompting the insurer to deny the claim.
Most policies state that one cannot be disabled due to loss of a license required to work in the occupation. In handling the appeal, we were able to demonstrate that the reason the client could not maintain the license was due to the nerve damage, which rendered the client unable to drive commercially. In essence, the disability was not caused by the loss of the license, but the loss of the license caused by the disability.
The COVID-19 pandemic only increased the number of people ordering items, groceries, or to-go food from various websites, and delivery service drivers are working harder than ever to make all of these deliveries happen. This can be a satisfying job, as it often allows you to have flexible hours, make overtime rates, and more. However, there are strict medical requirements for commercial drivers to be qualified to drive large delivery vehicles. If you get diagnosed with certain medical conditions that cause disabilities, you might not be able to physically drive, or you might lose your qualifications to continue as a delivery driver.
If this happens, what should you do to ensure you can cover your expenses while you cannot work? If you have disability insurance, you will need to get the claim process started as quickly as possible so you can begin receiving benefits right away. Too often, however, insurance companies do not cooperate and start issuing benefits as they should. The companies look for any reason to avoid paying out on claims to maximize their own profits, so this can be an uphill battle. You can help your situation by seeking help from a Chicago disability benefits lawyer.
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 you need help with a disability claim, do not hesitate to consult with Bartolic Law. We represent clients with a wide range of disabilities, so please contact us for more information today.