At Bartolic Law, we understand Lupus claims. We have helped clients get long-term disability claims due to Lupus paid. The key with Lupus is to create as much evidence of the frequency and duration of flare-ups as possible. Often clients initiate disability claims while undergoing diagnostic workup and before there is a diagnosis of Lupus.
Though insurers often use the lack of a final diagnosis as a basis to deny benefits, we have shown that approach to be wrong and nevertheless require payment of benefits, even while there is not a definitive diagnosis. Disability policies require you to be disabled due to an illness or injury, but do not require a diagnosis of that illness.
If you receive a lupus diagnosis from your doctor and your symptoms are interfering with your ability to work, one of the first things you should do is review the terms of any long-term disability policies you have in place. Under the Employee Retirement Income Security Act of 1974 (ERISA), most employers are required to provide a copy of all policy-related documents, free of charge and at your request. Review coverage as it pertains to long-term disability and lupus, paying close attention to any policy exclusions.
An additional challenge people often face in disability claims for lupus is fluctuations in health and in their ability to work. At Bartolic Law, we can provide the professional legal guidance you need in this situation, helping you determine when to file for benefits and how to handle situations in which reduced symptoms may allow you to return to your job.
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’re dealing with a denied disability claim for lupus, we may be able to help. Bartolic Law uses our extensive experience in LTD and ERISA cases to help our clients get the benefits they deserve. To receive a case evaluation from our Chicago long-term disability lawyer, please complete this questionnaire and a representative from our office will contact you shortly. You can also use our online booking feature to request an appointment.