Bartolic Law helped many clients suffering from Chronic Pain due to all kinds of ailments, including back and spinal disorders, neuropathy, all forms of arthritis, fibromyalgia, shingles, Multiple Sclerosis, Chronic Migraines, CRPS, and others. In one chronic pain case, the insurer paid long-term disability benefits for the first two years during the “regular occupation” period of disability, but then terminated benefits after the definition transitioned, contending the client could perform light to medium physical exertion work based on an Independent Medical Examination. After investigation, we discovered the IME doctor initially opined the client only had sedentary capacity, but changed the findings days later after the insurer informed the doctor the client could not meet the policy’s wage requirement at the sedentary level. We managed to keep this client in pay status ever since.
In another case based on Multiple Sclerosis, the insurer similarly terminated benefits at the two-year mark contending the client could perform sedentary work, and asserting there was no evidence of any neurological impairment due to MS. We discredited the insurance company doctors’ opinions by pointing to every record that documented symptoms and findings those doctors claimed did not exist. We also obtained our own Independent Medical Examination explaining the severity and progression of the client’s MS. These are just some of our successes with Chronic Pain, but there are many more.
Millions of people across the United States live their lives in chronic pain. Different health conditions can result in painful episodes that can stop you in your tracks and prevent you from living your life as you want. This can include working and earning a living as you wish you could. Some causes of chronic pain include neuropathy (nerve damage), osteoarthritis and other types of arthritis, fibromyalgia, shingles, multiple sclerosis, migraines, complex regional pain syndrome (CRPS) and spondylosis.
Some chronic pain follows an injury, infection, or surgery, while others develop chronic pain for unknown reasons. In any situation, there is often little that medical professionals can do to cure chronic pain conditions other than help patients manage pain with medication and therapy. When you are in chronic pain, it is not surprising if it interferes with your career. Whether your job involves physical activity or sitting in one chair all day, the pain might prevent you from performing your duties. If this happens, you might need to make an insurance claim with your disability insurance provider.
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)
If you need to file an insurance claim to seek disability benefits due to chronic pain, you can face an uphill battle, as insurance companies regularly challenge the severity of these conditions. This is why you want to have a Chicago disability insurance claims lawyer from Bartolic Law handling your claim. Contact us for a free case evaluation as soon as you can.