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Lincoln Reinstates Long Term Disability Claimant

Tuesday, December 23rd, 2008

NEVER GIVE UP!  That is the lesson to be learned where we were successful in getting Lincoln to reinstate a terminated claim for one of our long term disability clients, a Chief Financial Officer suffering from severe orthopedic problems, with resultant cognitive problems from the pain medications he is forced to take to battle his problems.

Lincoln terminated his claim, after determining that his orthopedic problems were not of a significant severity to continue to impair him.  After completing his administrative appeal, Lincoln upheld the termination on the basis of its paper reviewing doctors’ recommendations.  We continued to pursue the claim administratively, ultimately securing neurocognitive testing which supported impairments in executive functioning.

Lincoln accepted our client’s impairment as a result of his cognitive dysfunction, and reinstated benefits of $ 9,000 per month, paying arrears and opening the claim for further ongoing benefits.  By attacking the claim handling conduct at each stage, and developing additional powerful evidence of impairment, we were successful in saving our client from foreclosure of his home.

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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Frankel & Newfield does not currently handle any Social Security Disability Insurance claims.

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