-An emergency department Registered Nurse was rendered disabled in 2006 as a result of a brain oligodendroglia and related seizures. Liberty Life Assurance Company of Boston (“Liberty Life”) approved the RN’s claim for Long-Term Disability (“LTD”) benefits in March of 2007 under the “own occupation” definition of disability, then later approved the claim under the “any occupation” definition of disability.
Over the ten-year period that his claim had been paid, Liberty Life approved it on fifteen occasions, most recently in November of 2016.
His claim was then reassigned to a new claims handler, who indicated his goal was for the RN to return to work within a few months. The claims handler proceeded to terminate the RN’s claim for benefits a few months later based upon medical and vocational reviews performed by individuals who had never met, interviewed, or examined the RN. In terminating the claim, not only did Liberty Life conclude that he could work in other occupations, it erroneously concluded that he could return to work as an RN.
The RN sought the assistance of McDermott Law, LLC in submitting his appeal to Liberty Life. The appeal emphasized the wrongfulness of Liberty Life’s conclusions in several respects. First, he continued to suffer from daily seizures and other symptoms arising from the oligodendroglia. Second, he had not worked as an RN in over ten years, was no longer licensed, and would have required additional training to return to work in that occupation. Third, Liberty Life relied upon medical reviewers who lacked the experience and training to objectively and competently render decisions with regard to his medical conditions and inability to work. Fourth, Liberty Life’s vocational review failed to consider substantial evidence and was contradicted by Liberty Life’s prior conclusions that he was incapable of performing his own occupation as an RN.
Because of the efforts undertaken by McDermott Law, LLC, Liberty Life reversed the adverse benefit determination only eleven (11) days after the appeal was submitted. Our client is now being paid the benefits that should never have been terminated.
If you have been receiving benefits for an extended period of time, and the disability insurance company wrongfully terminated your claim, please contact McDermott Law, LLC for assistance in submitting a thorough, comprehensive appeal.
Denver Disability Lawyer Shawn McDermott has a proven record of successfully going up against insurance companies to help his clients secure the benefits they deserve.