The Disability Application

In Cara R. Denney v. Unum Life Insurance Company of America, plaintiff worked for Wagner Equipment Company as a Computer and Technology Instructor. She said the job required extensive computer use and the ability to instruct students accordingly. It also required her to travel, stand for long periods of time, and carry heavy equipment up to 25 pounds.

In June 2015, she underwent bilateral reconstructive surgery on both of her feet and received short term disability benefits from Unum. She returned to work on a part-time basis in October 2015.
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In Tommy Dowdy and Sharon Morris-Dowdy v. Metropolitan Life Insurance Company, the U.S. Court of Appeals for the Ninth Circuit held that Tommy Dowdy and his wife were entitled to receive accidental dismemberment benefits under Mrs. Dowdy’s MetLife disability policy she had through her work at Bank of the West. The appellate court remanded the case to the district court for a determination of “the amount of benefits owed.”

It all started in September 2014 when Tommy Dowdy was in a car accident. His left leg was severely injured, almost severing it at the ankle. Attempts to save his leg were unsuccessful due to a wound infection that would not heal. Finally, five months after the accident, the leg was amputated just below the knee.
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Watch our video to learn about the importance of medical documentation to support any disability insurance claim. Disability attorneys Gregory Dell and Alex Palamara discuss how Mr. Palamara won long term disability benefits for his client on administrative appeal to Mutual of Omaha. The case demonstrates the importance of having comprehensive medical documentation of how the diagnosis affects the claimant’s ability to work.
This client suffered from lupus, COPD, fibromyalgia, spinal stenosis, and emphysema. Even so, his claim for disability benefits was denied after his medical records were reviewed by a nurse.
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This video shows attorneys Gregory Dell and Stephen Jessup discussing the importance of treating physicians to document not only the claimants’ diagnosis, but how that diagnosis affects their ability to do their job. In a recent case handled by Mr. Jessup, the client suffered from multiple sclerosis (MS). There came a time when the debilitating disease took its toll on her. She suffered from pain, fatigue, falling spells, and inability to concentrate. Her application for short-term disability benefits was approved.

Her health continued to deteriorate, so she applied for long-term disability benefits based essentially on the same medical records, but her application was denied. Despite her diagnosis of MS, and her medical records containing detailed information about her complaints, her treating physician and Lincoln apparently confused her ability to perform her job with her ability to perform activities of daily living and her appeal was denied.

Disability lawyers Gregory Dell and Alex Palamara talk about Mr. Palamara’s recent appeal victory against Cigna for a nurse employed by Trinity Health Care. She had been on claim for two years as disabled from working in her own occupation due to her spinal stenosis, degenerative disk disease, and other thoracic/lumbar spine issues.
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