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Lincoln Terminates Anesthesiologist’s Claim, We Win ERISA Appeal

After our client was on her long term disability insurance claim for nine months, Lincoln National Insurance Company terminated our client’s long term disability insurance claim, determining that she was able to practice on a full-time basis. She was a 62-year old anesthesiologist who suffered with disseminated shingles resulting in severe postherpetic neuralgia, chronic pain, complex regional pain syndrome, and numerous orthopedic conditions. Because of her work ethic, she continued to try to work, albeit on a part-time basis, performing only certain aspects of her work, and providing care and treatment to a more selective array of patients.

Her job required the highest possible degree of concentration and ability. It also required significant physical capacity, going from operating room to operating to administer treatment. No medical professional will put a patient’s life at risk because of their own medical condition. Her physician advised her to work only on a part-time basis in a less demanding work environment involving less strenuous activities, due to the exacerbation of her conditions and her need to rest to alleviate the tremendous pain she suffered.

Rather than have our client examined by a credible physician, to determination her level of functionality, the termination of her long term disability insurance claim was the result of a paper medical review by a consulting physician who regularly provides long term disability insurance companies with determinations that are favorable only to the insurance company.

Click here to learn how we won this ERISA appeal.


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