Bartolic Law has helped countless clients battling Cervical Radiculopathy get long-term disability insurance benefits paid. Unlike Lumbar Radiculopathy, Cervical Radiculopathy most impacts the client’s neck and upper extremities. In one case, our client suffered from Cervical Radiculopathy for years. The client worked in sales management, and the insurer denied the claim because it said there should be no impact on the client’s ability to sit and stand, and change positions as needed, to do sedentary work. We worked with the client’s doctors to give explanations on how the Cervical Radiculopathy impacted the client’s neck mobility and upper extremity usage for keyboarding and computer use.
We also had the client attend a functional capacity evaluation specific to using the client’s arms and hands and focused on computer work. We also demonstrated that the medication the client took to manage the pain, in the required doses to alleviate symptoms, caused impairing side effects. Often individuals with Cervical Radiculopathy must resort to narcotic pain medications or other powerful drugs that cause considerable sedation and drowsiness throughout the day. We also demonstrated how the client’s pain was so severe, it interfered with the client being able to even fall asleep on almost a daily basis. With our determination to never give up on our client, we were able to get the client’s claim paid in full.
Cervical radiculopathy can result from different causes, such as arthritis, spondylosis, or other degenerative changes. It can also occur due to an acute traumatic injury or herniated discs, which can put pressure on the root of the nerve. Symptoms of cervical radiculopathy include sharp or burning pain starting in the neck region and traveling into the arm. You might also feel weakness, loss of sensation, or tingling. These symptoms can increase with the movement of the neck or head.
Some people need to wear an immobilizing collar and/or undergo physical therapy for a while to relieve the symptoms of cervical radiculopathy. Others need surgery, which can have a long recovery process. This can be a recurring problem in many people, and they might need to rely on pain medication and ensure they get physical rest, which can make it difficult to work. Disability benefits might be needed for sufferers.
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)
At Bartolic Law, we handle disability claims for clients with a wide range of medical conditions that prevent them from working, such as cervical radiculopathy. Fill out the questionnaire below to discuss your condition with a representative and whether you might be eligible for disability insurance benefits.