We here at McDermott Law, LLC are proud to announce another success on behalf of a disabled client who has achieved a reinstatement of terminated long-term disability (LTD) insurance benefits.
This particular client suffered from Trigeminal Neuralgia, Chronic Fatigue and Cognitive Impairment. Our client also suffered from a meningioma on her brain and had undergone a craniotomy and excision. Since the surgery, she continued to suffer debilitating pain in her face and nerves, along with severe fatigue and cognitive dysfunction.
Ultimately, the significant pain rendered her unable to perform the duties of her own occupation, prompting her to submit a claim for short-term disability benefitswith Mutual of Omaha. Her claim was initially approved. Later, she applied for and began receiving LTD benefits, which were again approved by Mutual of Omaha.
Two years after the initial approval, however, Mutual of Omaha terminated her claim advising she no longer met the definition of disability under the disability insurance policy.
Reversing the Terminated Disability Claim: How We Helped Ms. L
Ms. L contacted our office to assist her in preparing an internal appeal of her denial – a claim governed by the Employee Retirement Income Security Act (“ERISA”). In terminating the benefits, Mutual of Omaha relied on the opinion of its nurse case manager regarding Ms. L, specifically that a return to work could be entertained provided certain accommodations were made in the work environment.
Our office set forth extensive arguments as to why Ms. L could not perform her or any other occupations. We also submitted written opinions from Ms. L’s treating physicians, supporting the reasons for her claim and inability to work.
After reviewing our appeal, Mutual of Omaha agreed our client was, in fact, still “disabled” according to the terms of the long-term disability insurance policy and reinstated her benefits.
If your situation is similar to this client, and your claim for long-term disability benefits has been denied or terminated, we can assist you in your quest. Our office has handled hundreds of long-term disability insurance appeals. Please contact McDermott Law, LLC for assistance in submitting a thorough, comprehensive appeal.