Bartolic Law has helped countless Nurses get their long-term disability insurance claims approved. In one case, a client suffered from Hepatitis induced Cirrhosis of the liver, and had a second liver transplant. After the procedure, the insurer denied long-term disability contending the client was functionally capable of returning to work. But the client required ongoing treatment with medication to help the client’s body accept the transplant, which was highly immunosuppressive. We were able to persuade the insurer that due to the high risk of contracting illnesses in clinical medicine, and the client’s immunosuppressive state, the risk of disability rendered the client legally disabled under the policy. In another case, a client suffered from cervical radiculopathy and could no longer move patients as required. When the insurer terminated benefits contending the client could perform other forms of sedentary nursing, we demonstrated the lack of availability of those jobs and their low supply creates requirements for qualification not accurately reflected in the Dictionary of Occupational Titles. As a result, we were able to keep the client’s long-term disability benefits paid.
Nurses study and pass exams to receive their licenses so they can fulfill their dreams of caring for others. The job is an intensive one, and nurses must be on their toes and prepared for almost anything. They need to keep careful track of the condition of many patients at once, physically lift and move patients, and make quick decisions in situations that might be life-threatening to patients. If you are a nurse and you have a disabling condition, it can impact your ability to do your job. Working with serious impairments can put yourself and others at risk of harm, so many disabilities can prevent you from reporting to your job for a long period of time – or even permanently.
If you cannot work, your immediate concern is likely how you are going to pay your bills and cover your expenses. Filing a disability insurance claim is a common solution to this situation, as you can seek benefits to support you while you are out of work. Unfortunately, disability insurers are anything but forthcoming with benefit approvals, and many people struggle to have a successful claim. You need the help of a Chicago disability claims lawyer 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)
Nurses typically have medium physical exertion level occupations. This means they must stand and walk to a significant degree, and must have capacity to lift can carry certain amounts of weight. The range of illnesses or injuries that can disable Nurses is greater than for most other occupations. Back and spinal disorders commonly affect clinical Nurses because it impacts their ability to be on their feet and to lift and carry as required. Nurses often claim disability due to radiculopathies. If you cannot work as a nurse anymore due to any type of disability, do not wait to discuss your claim with the legal team of Bartolic Law. Please contact us today for more information.