Bartolic Law has helped clients battling various forms of cancer, including Breast Cancer, get long-term disability claims paid. Disagreements with long-term disability insurers most often arise after chemotherapy treatment has concluded and the insurer terminates benefits. In one case we handled, our client was an executive, and the client’s disability lasted after the treatment concluded. The client had lasting fatigue due to the intensive aggressiveness of the treatment. Despite initial pushback from the insurer, we persuaded the insurer to continue paying benefits until the client was ready to attempt to return to work, preventing any disruption in the client’s household income.
We similarly helped a different client maintain disability insurance payments after completing treatment for lymphoma where the treatment was so aggressive, it resulted in long-lasting peripheral neuropathy, preventing the client from returning to work even years after treatment for the cancer ended.
Breast cancer occurs when cancer cells form in the breast tissue. This cancer is the second-most diagnosed cancer among American women after skin cancer. It also occurs in men, although it affects women more frequently. This cancer makes breast cells divide faster than normal cells, continue accumulating, forming lumps or masses. These cells spread through the lymph nodes to other body organs, destroying healthy cells. Breast cancer patients may display various symptoms, such as breast lumps or thick masses that feel different from the nearby tissues, changes in size, appearance, and shape, the breast skin also changes and shows dimples, inverted nipples, pigmented areas of the skin neighboring nipples start to peel, flake, or scale and reddened skin.
Breast cancer is often treatable. However, the treatment depends on various factors like the kind of cancer, the cancer’s stage, a patient’s sensitivity to hormones and one’s general health, age, and personal preference. Breast cancer therapy comes in different forms. It includes hormonal therapies, chemotherapy, surgery, and radiation. Severe and debilitating complications also occur if the condition is detected and treated late. Additionally, some treatments may cause long-term complications that keep patients out of their jobs for years. Common complications include kidney stones, kidney failure, or neurological conditions like dementia, coma, and confusion.
Ferrin v. Aetna Life Ins. Co., 336 F. Supp. 3d 910 (N.D. Ill. Sept. 28, 2018) (holding insurance policy’s grant of discretionary authority is void under Texas law due to certificate being issued after effective date of regulation, and policy renewing after effective date, and holding Plaintiff was disabled from Any Reasonable Occupation where treating doctors certify she can sit at the occasional level, and insurer’s consultants opine Plaintiff can sit frequently, as weighing all evidence together would make capacity likely at low end of frequent range at best).
Sadowski v. Tuckpointers Local 52 Health & Welfare Trust, 281 F. Supp. 3d 710 (N.D. Ill. Dec. 20, 2017) (holding plan was arbitrary and capricious in denying medical benefits for removal of spinal cord stimulator following a fall down the stairs and infection where plan argued the expenses were caused by the same injury as the car accident necessitating implantation of the stimulator years earlier)
Tassone v. United of Omaha Life Ins. Co., 264 F. Supp. 3d 867 (N.D. Ill. Aug. 30, 2017) (awarding client long term disability benefits denied by United of Omaha despite insurer’s doctor opining there was no objective evidence of functional impairment)
Suson v. PNC Fin. Servs. Grp., Inc., No. 15-CV-10817, 2017 WL 3234809 (N.D. Ill. July 31, 2017) (holding Liberty Mutual’s denial of client’s long term disability benefits was arbitrary and capricious where Liberty Mutual disregarded client’s carpal tunnel syndrome and relied on a vocational opinion to which client never had an opportunity to address before litigation)
Breast cancer-related disabilities can render patients unable to work due to reduced abilities. If you have a disability insurance policy, it is important to act quickly after a diagnosis and contact a disability insurance claims lawyer from Bartolic Law. Reach out to us today for a free consultation.