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Successful Appeal of a Denied LTD Claim

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Shawn E. McDermott

We are proud to report yet another success story on behalf of a client whose long-term disability benefits were wrongfully denied.

This long-term disability claim insured by Lincoln Financial has now been approved through the efforts of the disability insurance attorneys and staff at McDermott Law, LLC.

An engineer suffered from Covid long-haulers syndrome after an adverse reaction to the Johnson & Johnson COVID-19 vaccine, experiencing symptoms of memory loss, speech issues, difficulty focusing, tinnitus, vertigo, nausea, fatigue, light sensitivity, and brain fog.  He could not continue working and was approved for FMLA and short-term benefits under a policy issued by Lincoln Financial Insurance. But Lincoln denied his claim.  He contacted our office for assistance in submitting an internal ERISA appeal and to litigate the case if necessary.

As is typical for an LTD claim, Lincoln relied on the opinions of retained medical reviewers instead of the opinions of his treatment providers.  Lincoln also failed to conduct a thorough investigation and ignored readily available medical evidence.

Our internal appeal to the insurance company emphasized that Lincoln’s denial was based on incomplete evidence and an improper investigation. For this client, our office obtained all relevant medical records and supporting opinions of her treating physicians to accurately establish the engineer’s disability.  After evaluating the evidence presented, Lincoln (almost) immediately reversed its decision and determined our client was indeed entitled to long-term disability benefits.  A lawsuit was thus avoided.

As we do for many of our clients, the disability attorneys and professional staff of McDermott Law, LLC will continue to oversee this ongoing claim to prevent a future denial of benefits.

If your long-term disability or life insurance claim is denied, please contact a Denver disability insurance lawyer at our office before submitting your own appeal. Call 303-964-1800 or email us using the contact form on this website to find out more about how we can help you. We provide a free initial consultation for denied claims.

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