This client, Ms. M, suffered from Postural Orthostatic Tachycardia, Migraines and Fibromyalgia. Her functional abilities were also impacted by her cognitive impairment and other symptoms which contributed to her inability to perform her or “any occupation.”
Cigna terminated Ms. M’s long-term disability benefits, claiming she could perform sedentary work and was therefore not disabled under the long-term disability policy purchased for her by her employer.
In making its determination, Cigna relied on a vocational evaluation from an in-house evaluator and three reports from Cigna’s retained physician reviewers. Our firm was able to overcome the reasons behind Cigna’s termination of benefits.
Ms. M contacted our firm for assistance in preparing an ERISA long-term disability appeal. McDermott Law prepared a comprehensive administrative appeal of the termination decision included a disability opinion letter from Ms. M’s treatment provider, an independent vocational assessment and functional capacity evaluation report, demonstrating how the information Cigna had relied upon was flawed. After putting this material into a coherent appeal and submitting it to Cigna, the adverse benefits determination was overturned and Ms. M’s benefits were reinstated.
This success story is just another example of how important a detailed and comprehensive appeal can be successful in a long-term disability claim. Such an appeal is a necessary and crucial step if the claim is governed by the Employee Retirement Income Security Act (“ERISA”).
If you need assistance in submitting a thorough, well-prepared ERISA disability appeal, or require assistance with a claim under your private long-term disability insurance policy, please contact the Colorado disability lawyers at McDermott Law, LLC.