This long-term disability claim, governed by the Employee Retirement Income Security Act (ERISA), and insured by Hartford, has now been approved through our efforts.
Ms. P suffered from several conditions, including Mal de Debarquement Syndrome, Fibromyalgia and Migraines.
She was unable to continue working and filed a claim for long-term disability (LTD) benefits under a policy issued by Hartford Insurance. Ms. P contacted our office for assistance in submitting an appeal of the adverse LTD decision and to litigate the case if necessary.
As is typical for an LTD claim, Hartford relied on the opinions of retained medical reviewers instead of the opinions of her treatment providers. Hartford also failed to conduct a vocational assessment to determine if our client could perform the duties of her own occupation or attempt to reconcile her restrictions and limitations with the requirements of her job.
The internal appeal submitted to the insurance company emphasized the fact that Hartford’s denial was based on incomplete evidence and a misunderstanding of Ms. P’s medical conditions. For this client, our office obtained all relevant medical records, supporting opinions of her treating physicians, and a Functional Capacity Evaluation objecting detailing her limitations in order to accurately establish Ms. P’s level of functioning and disability. Our appeal presented numerous, relevant arguments and thoroughly explained why Hartford’s denial was wrong, arbitrary and capricious. After evaluating the evidence presented, Hartford (almost) immediately reversed its decision and determined our client was indeed entitled to long-term disability benefits. A lawsuit was thus avoided. As we do for many of our clients, the disability attorneys and professional staff of McDermott Law, LLC we will continue to oversee this ongoing claim with a goal of preventing a future denial of benefits.
If your long-term disability or life insurance claim is denied, please contact a Denver disability lawyer at our office before submitting your own appeal. Call (303) 964-1800 or email us using the contact form on this page to find out more about how we can help you. We typically provide a fee initial consultation.
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