Accountant who was previously on claim for 7 years gets LTD re-approved after Appeal to Lincoln Financial Group
An Accountant for LA County was forced to stop working in 2009 after suffering the crippling effects of Rheumatoid Arthritis, Fibromyalgia, and numerous other debilitating conditions such as Chronic Fatigue Syndrome, Bodily Pain, Osteoarthritis, Neck Pain, Cervical Disc Disease, Carpal Tunnel Syndrome, Low Back Pain, and Lumbar Disc Disease. Due to the multiple chronic and disabling conditions affecting the claimant, Lincoln commenced payment of long term disability benefits in 2009. However, continued benefits were denied 7 years later when Lincoln came to an abrupt conclusion that the Accountant should no longer qualify for benefits.
In support of its denial, Lincoln cited the results of an Independent Medical Examination performed in 2011 and two medical records reviews that were done in 2009. Due to the wrong decision to deny her claim, the claimant decided to file an appeal on her own. Unfortunately, Lincoln was not persuaded and upheld its decision to deny the claim. The former accountant was now left unable to work and without any income. Dismayed by the decision by Lincoln to deny her claim and uncertain about her future with no income, she made the right decision to find assistance with her claim and found Attorney Alexander Palamara of Dell Disability Lawyers.
Appeals by Attorney Palamara
After reviewing the denial letters by Lincoln and speaking with the former accountant, it was clear to Attorney Palamara that Lincoln’s denial was improper and that his now client was still unable to work due to serious and debilitating conditions. The claim file from Lincoln was ordered along with our clients past and current medical records to develop a full understanding of her illness, claim, policy, and Lincoln’s handling of her claim. After compiling and reviewing all the necessary information, it was clearer than ever that benefits had to be reapproved. A detailed review of the claim file revealed Lincoln had ignored supportive findings in the IME report and the records reviews, including findings that the claimant was unable to handle any type of work, even sedentary work, and findings that the claimant suffered from weakness, numbness, swelling, and loss of range of motion.
An appeal was drafted and timely filed. The appeal focused on the supportive findings by Lincoln’s own physicians that had been ignored. It also focused on the objective medical evidence in support of her claim and highlighted the opinions of our client’s treating physician, who had indicated he strongly disagreed with the opinions of Lincoln’s reviewing physician and even felt the reviewing physician had distorted their conversation and his ultimate opinion. We also highlighted the numerous flaws and failure of Lincoln to perform a full and proper review of the claim.
As a result of our initial appeal, Lincoln only partially overturned its denial. Lincoln agreed to pay four additional months of benefits. While the partial approval was a small victory, it was not enough given our client’s ongoing inability to work due to multiple chronic and debilitating conditions.
To justify the latest denial, Lincoln relied upon another records review by a hired physician. This physician spoke with our client’s treatment provider and was advised our client suffers from poor grip, trouble walking, and that as a result of her persistent synovitis, she is unable to work at any occupation, including sedentary work. Despite being made aware of her condition directly from the treating physician, the reviewing physician chose to ignore this opinion and Lincoln again terminated benefits.
A second appeal was drafted and timely filed. This appeal highlighted Lincoln’s lack of support for its denial and its arbitrary decision to continue to ignore the opinion of our client’s treating physician. The appeal also argued the denial was improper because Lincoln failed to perform an updated IME. As a result of the second appeal, Lincoln arranged for another IME of our client, which took place roughly one month after the appeal was filed.
Claim Approval
Roughly two months after the second appeal was filed and one month after the IME, our client’s claim was finally reapproved indefinitely by way of a letter of November 2017. Thankfully, Lincoln made the proper decision to conduct an IME which confirmed the opinions of her treating physician. Of course our client is ecstatic to be back on claim and is now able to again focus on her health. She knows that the fight will continue, but she also knows that Dell Disability Lawyers will do whatever it takes to keep her on claim until she is ready and able to return to work.
If you have had a similar situation and Lincoln (or any disability insurance company) has denied your claim, please do not hesitate to contact Attorney Alexander Palamara at Dell Disability Lawyers for a free consultation.
Resources to Help You Win Disability Benefits
Submit a Strong Lincoln Financial Appeal Package
We work with you, your doctors, and other experts to submit a very strong Lincoln Financial appeal.
Sue Lincoln Financial
We have filed thousands of disability denial lawsuits in federal Courts nationwide against Lincoln Financial.
Get Your Lincoln Financial Disability Application Approved
Prevent a Lincoln Financial Disability Benefit Denial
Negotiate a Lincoln Financial Lump-Sum Settlement
Our goal is to negotiate the highest possible buyout of your long-term disability policy.
Policy Holder Rating
Uses every dirty trick in the book
Every month I get paid on a different date
Never received benefits my entire leave - or help with them
Well Documented correspondence
Lincoln Financial made my life a living hell
Reply
Lincoln Financials wants to claw back my money
Reply
This is the second time I've been shorted in my check
Lincoln Financial denied my STD claim because one doctor didn't send them my medical information.
Reply
Q: Can I be denied from short term disability insurance for postpartum? Or can I fight this?
Q: If a dependent turns 18 in December, does Lincoln subtract their dependent amount from LTD payments even though child is now an adult and receives benefits directly until graduation?
Q: LTD return to work? What if I require training or want to continue education, will I continue to receive payment during this period?
Q: What if I never received longterm policy and I never agreed or signed agreement fee with disability insurance company?
Q: Should I accept the buyout from Lincoln Financial? I have 7 days to decide.
Q: Change in Occupation
Q: If I return to work only part time and decide I can't continue, will Lincoln Financial base my income on when I worked part time or full time?
Q: Does Lincoln Financial apply offsets to all claimants equitably?
Has Lincoln Contacted You About Your Liberty Disability Claim?
Is Lincoln Relying on MDGuidelines to Review Disability Appeals?
Lincoln Financial to Buy Liberty Life - Does This Affect My Disability Claim?
What Can A Claimant Expect With A Lincoln Financial Group Disability Claim?
Do You Know The Job Requirements To Be A Lincoln Financial Disability Claim Specialist?
Why Must Your Disability Insurance Lawyer Understand Your Disabling Condition?
Disability Benefit Denial Reason #5 – Your Medical Evidence is Weak
Disability Benefit Denial Reason #4 - Your Doctor Is Misled By the Disability Company
Nurse Denied Long-term Disability Benefits by Lincoln After the Definition of Disability Changed
Lincoln Reverses Decision to Terminate LTD Benefits of Corporate Attorney after Dell Disability Lawyers Appeals the Decision
Lincoln Denies Disability Insurance Benefits to 66 Years old Software Developer with Long Covid and MS
Lincoln LTD Denial Reversed for an Occupational Therapist that was Denied Benefits After 24 Months
FPL Lineman Wins Lincoln Disability Denial Appeal
Attorney Alexander Palamara of Dell Disability Lawyers gets LTD Benefits Reinstated for former Walmart Manager who is now found disabled from Any Occupation
Lincoln Approves Long Term Disability Benefits After Four Year Fight
Lincoln National LTD Denial for Pre-Existing Condition Reversed on Appeal
Reviews from Our Clients






