Disability Insurance Blog



Friday, March 5th, 2010

Our client was a successful Clinical Neurologist, practicing in the area of movement disorders in a busy hospital with a focus on complex, advanced stages of Parkinson’s disease and dementia. Her tasks required the ability to perform physical and labor intensive activities while working at an equally high level of analysis and cognitive abilities.

She developed a number of complex symptoms, including severe fatigue, weakness, muscle atrophy, shortness of breath, and painful muscle cramps and spasms. These were later diagnosed as early motor neuron disease, neuro mitochondrial disorder, and pulmonary insufficiency.

Our client was no longer able to perform the tasks of her highly demanding occupation. She filed a claim for short term disability benefits with Lincoln and was denied, based on a paper review of the medical records conducted by a staff nurse.

In preparing her appeal, we worked closely with our client and her treating physicians to further develop the medical support in the record, clearly documenting the tasks that her job required, and the restrictions and limitations of her illness. We vigorously attacked the credibility of Lincoln’s paper medical analysis, highlighting the many flaws in their medical review, and made it clear that they had failed to fully and properly review our client’s medical records and to understand the tasks required for her to perform her profession.

We won the appeal, and Lincoln paid our client the short-term benefits that she deserved. This has set the stage for her making a claim for long term benefits. Without this positive outcome, she would not have been able to file for long term benefits, even with another disability insurance company.

The appeal was represented by Justin Frankel, a partner at Frankel & Newfield. He has helped many professionals who had demanding and complex careers when their disability insurance companies have resorted to a simplistic paper review of claims. If you would like a free consultation, call Frankel & Newfield at 877-LTD-CLAIM (877-583-2524).