Long Term Disability Law Blog
In this video, disability insurance lawyers Gregory Dell and Alex Palamara discuss Mr. Palamara’s recent win of an administrative appeal against Mutual of Omaha. The claimant suffered from a multitude of medical issues, including COPD, emphysema, lupus, spinal stenosis, and fibromyalgia. Mutual of Omaha denied his claim for short term disability benefits after a nurse reviewed his medical records.
On appeal, we asked for long term disability benefits and submitted new medical evidence, including a Functional Capacity Evaluation (FCE) which showed he could not do his sedentary job. The insurance company then approved his claim, finding he was disabled due to mental health issues, which only provided him Long Term Disability (LTD) benefits for 24 months.
During the time the claim is receiving LTD benefits, the claimant needs to stress to his treating physician what his complaints are. The claimants treating doctor needs to provide as much objective documentation as possible of the physical claim to be submitted, such as CT scans, MRIs, X-rays, and FCEs.
Claimants need to continue seeing their doctors for treatment. They should write down all their symptoms and note how those symptoms interfere with their ability to work and ask for the statement to be included in the medical records. Medical documentation makes the difference in whether or not disability benefits are awarded.
Do not delay if your claim has been denied and take immediate action. Contact Dell & Schaefer’s disability insurance attorneys for a Free Consultation.