Nurse Denied LTD Benefits by Lincoln After the Definition of Disability Changed
Our client, a registered nurse for Dignity Health, found herself in a difficult situation after being diagnosed with lumbar spondylosis and left knee arthritis. She continued to work, however, struggled while attempting to work through chronic lower back pain and left lower extremity radicular symptoms on a daily basis. Sadly, her condition failed to improve and she was forced to make the difficult decision to stop working, submit for medical leave and file a disability claim through Lincoln Financial, who insured Dignity Health long-term disability insurance plan. For the first 24 months, her policy provided her with own occupation disability coverage, and Lincoln approved her for that period. However, the definition of disability in the policy changed after 24 months to require that she must be disabled from working in any gainful occupation.
After conducting a vocational and medical review, Lincoln informed her that she had transferrable skills to be a triage nurse, a pre-certification nurse, and a telephonic advise nurse and earn $10,020 per month. Our client then contacted us, and we took on her appeal. The appeal included customized attending physician forms from her treatment providers, including her physical therapist, who addressed how her physical functional work ability was less than sedentary. The appeal also included a report by a highly regarded vocational expert and a highly reliable functional capacity therapist.
During the appeal process, the vocational expert testified that our client had experienced a significant impairment of the lumbar spine, which impacts her ability to sit, stand, and walk for prolonged periods. The expert concluded that our client was less than an ideal candidate for the positions that Lincoln claimed were available for her in her labor market. After receiving the appeal, Lincoln overturned its decision and provided our client with the long-term disability benefits that she deserved.
This case highlights the importance of having an experienced attorney to handle your disability claim appeals. Our team at Dell Disability Lawyers has extensive experience in handling complex disability claim appeals. We understand the intricacies of insurance policies and can help you navigate the appeals process successfully.
Furthermore, we can work with your healthcare providers to obtain the necessary documentation to support your claim. In this case, we worked with our client’s physical therapist to provide documentation that showed our client’s functional work ability was less than sedentary. This helped to bolster our argument that our client could not perform the jobs that Lincoln claimed were available to her.
In conclusion, if you are in a similar situation, do not hesitate to reach out to an experienced disability claim appeals attorney. We can help you get the benefits you deserve, so you can focus on your health and wellbeing.
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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.
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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?
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