Bartolic Law has helped many different kinds of construction workers get long-term disability insurance and disability pensions paid. We have helped at every stage, including making the claim, appealing a denied claim, and filing a lawsuit. In one case, we took over the case after another firm did not succeed, but would not litigate the case. Our client was a machine operator, covered by the Midwest Operating Engineers pension and welfare funds. The pension fund paid him a disability pension for a few years for being disabled from working as an Operating Engineer, but refused to pay the All Work disability benefits, despite the client being awarded disability benefits by the Social Security Administration. The fund took the position that if any of its members had sedentary capacity, the member was not disabled from all work. The analysis did not take into account whether the member could qualify for work in a sedentary capacity. We took the case all the way to judgment and secured the win for our client. After that, the same fund approved other clients’ claims on the same basis.
Construction is a vital industry for our society, for building, improving, and maintaining structures, highways, and more. Construction workers need to have many skills, knowledge of heavy machinery, and physical strength. For this reason, the slightest health problem can keep a construction worker from being able to perform their jobs. If you learn that you have a disability – mental or physical – it will likely keep you from your work in construction, and you can lose significant income. You need to support yourself, and this is when your disability insurance coverage should kick in.
However, many people face challenges when seeking benefits, even if they have a qualified disability. If you need disability benefits because you can no longer work at your construction job, you should not wait to discuss the process with a Chicago disability benefits lawyer. We can assist with every step of the process – including filing the initial claim, negotiating your benefits with the insurance company, providing any additional support and evidence for your claim, and appealing a claim denial when necessary. This can save you stress in an already stressful time and help ensure that you have benefits as soon as possible.
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 disability benefits because you cannot continue working as a construction worker, you should seek help from Bartolic Law. We assist clients in your situation, so please contact us to discuss your situation and claim needs.