Financial Ruin Or Justice? Your Choice
Meet “Linda,” not her real name, but my very real client, a hardworking and caring nurse referred to me by her bankruptcy lawyer. When she walked into my office, she had a choice. She could either accept her employer’s disability insurance company’s decision to deny her long-term disability (LTD) insurance benefits or she could put on her “legal” boxing gloves. She chose to fight for justice.
Linda, who had a history of a brain tumor which required surgery to remove, eventually returned to work but then suffered a work-related fall striking her head and fracturing her left forearm. After returning to work on restricted duty her symptoms progressed – she couldn’t use her left forearm, she had daily headaches and reported poor short-term memory. Because her symptoms supported the objective findings of atrophy, weakness, and pain, her physician restricted her driving and imposed a 5- pound weight limit for lifting, pushing and pulling.
Unable to work, Linda applied for long-term disability benefits with The Hartford and was approved. At this point, The Hartford, as all insurance companies do, required her to also apply for Social Security Disability (SSDI) benefits.
WARNING! Cliff Ahead!
Linda’s SSDI claim was approved, and her payments began. Although her condition had not improved, The Hartford terminated her claim– finding an alternate occupation of Nurse Consultant they felt she could perform. Unable to meet her daily living expenses, Linda was forced to file bankruptcy and that’s when her bankruptcy lawyer referred her to me to appeal the LTD denial.
On appeal, a neuropsychological evaluation we arranged with the help of her psychologist gave objective evidence of Linda’s cognitive impairment. We also successfully argued that Linda did not have the credentials to perform the alternate Nurse Consultant occupation because that job required a 4-year Bachelor’s Degree in Nursing which she did not have as a Licensed Practical Nurse (LPN).
Did Linda Still Have To File Bankruptcy?
Yes. Linda now had the financial resources – her SSDI plus her LTD benefits – to recreate a stable and secure life thanks to her courage to stand up to the big insurance company doing her wrong backed by our legal expertise in disability insurance law and our commitment to one heroic client. CASE CLOSED!