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Frankel & Newfield Win Appeal For Floor Trader: Vocational And Medical Data Critical To Protect Claimant In A High-Stakes Appeal

Tuesday, August 11th, 2009

Our client had worked as a successful Floor Broker with the New York Board of Trade for more than eighteen years when severe orthopedic conditions and chronic lower back pain made it impossible for him to continue working. He was unable able to stand for long periods of time without suffering excruciating pain, preventing him from working in the hectic and demanding environment of a trading floor. Upon leaving his job, he was approved for long-term disability benefits by both Guardian Life Insurance Company and Mass Mutual Life Insurance Company.

After approving his claims and paying benefits without interruption for three years, both Guardian and Mass Mutual suddenly claimed that his conditions were no longer severe enough to prevent him from performing the duties of his regular occupation.

In preparing our client’s appeal, Frankel & Newfield worked closely with his treating physician, gathering objective and subjective medical evidence to demonstrate that our client’s condition had not improved and that he continued to suffer from severe impairments due to his degenerative orthopedic conditions.

We also conducted extensive vocational research, outlining the extensive physical and cognitive demands of our client’s occupation as a Floor Broker. Through our efforts, the information submitted on appeal successfully demonstrated our client’s continued disability, as both Guardian and Mass Mutual overturned their adverse decisions and reinstated disability benefits to our client.

The success of our appeal rested in strong preparation of both medical and vocational research. The physically demanding tasks of a floor trader needed to be made very clear to both Mass Mutual and Guardian.

If you have an occupation that does not seem physically demanding, but is, outlining the specific tasks that must be performed and the limitations that are created by the disability is critical to a successful appeal.

Justin C Frankel

Written By:

Justin C. Frankel - Disability Insurance Attorney

Justin Frankel is a founding partner of the disability insurance law firm Frankel & Newfield and is a highly skilled litigator and advocate. He has published numerous articles on the challenges facing clients with private or individual disability insurance policies and those who own group or ERISA disability insurance policies.

Learn more about Justin | See Justin’s Publications



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