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Greenwood Village, CO 80111
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DISABILITY LAWYERS WIN ERISA APPEAL

February 11, 2011


The disability insurance lawyers at the Law Office of Shawn E. McDermott prevailed in a recent ERISA appeal filed on behalf of their client when Hartford Life & Accident Insurance Company wrongfully terminated her long term disability benefits.

In the claim against Hartford Life & Accident Insurance Company Ms. H suffered from the following conditions: diffuse myofascial pain/fibromyalgia, cervical and thoracic spine spondylosis, fatigue, restless leg syndrome, osteoarthritis and degenerative disease of the knee, adult-onset diabetes mellitus, obstructive sleep apnea, pulmonary hypertension, patent foramen ovale, cerebrovascular accident, vitamin D deficiency, chronic pain syndrome, spinal stenosis/arthritis, epiploic appedagitis, hypercholesterolemia, diverticulitis, depression, and anxiety, among others. She underwent physical therapy, operative arthroscopy of both knees, surgical intervention to repair her rotator cuff, transthoracic echocardiogram, colonoscopy, overnight pulse oximetery study, and an extensive medication regime.

Attorneys Shawn E. McDermott and Heather Petitmermet, with significant assistance from their legal staff, including MarySue Kern, filed an appeal of behalf of our client in November 2010. In the ERISA appeal, we were able to illustrate to the insurance company that our client was indeed disabled and unable to perform the material and essential duties of “any occupation.”

In January 2011, Hartford Life & Accident Insurance Company informed us that our client’s adverse benefit determination had been reversed and that disability benefits were indeed payable. Our client received a check for all past due benefits and is currently “on claim” and continuing to receive benefits into the future. As part of our ongoing relationship with the client, our firm continues to handle her disability claim on an ongoing monthly basis.

The disability attorneys at the Law Office of Shawn E. McDermott, LLC have represented hundreds of individuals whose short term and long term disability claims have been denied. Our office has handled claims against every major disability insurance company issuing individual and group disability policies. Please feel free to contact us for a free consultation.

Categories: Disability, ERISA Claims

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