How Our Disability Attorneys Can Help
A rehabilitation assistant had a great career and loved her work. Unfortunately, over time she developed fibromyalgia, cervical degenerative disc disease, degenerative joint disease, and arthritis. Although her job was similar in nature to a receptionist, she was forced to stop working due to her disabilities.
Worried about her future, she applied for both Short Term and Long Term Disability benefits from her disability insurer, as well as social security disability benefits from the government. Regrettably, her Social Security Disability application was denied. To make matters worse, although the disability insurance company initially granted her Short Term Disability benefits, she received a denial letter in the mail after receiving benefits for only a few months terminating both the Short Term benefits she was living on and denying the Long Term Disability benefits she had applied for.
The insurance company claimed that the woman’s medical records did not support a continued disability that would prevent her from performing the material and substantial duties of her regular occupation. She appealed the insurer’s decision, but the insurance company affirmed their decision.
The woman was scared, and felt like she was out of luck. Thankfully, she contacted Fields Law, and our Disability attorneys immediately began to help her with her claims. During the course of our conversations with the client, we learned that her husband had previously received a settlement for a work-related injury in 2008. Although her husband had been represented by a Workers’ Compensation attorney with another law firm, he had ultimately fired the other law firm believing they did not do their job properly.
The Fields Law attorneys agreed. In reviewing the man’s work injury records, we found that he had suffered a permanent injury to his left shoulder in the scope of his employment, with permanent work restrictions ordered by his doctor. According to a Functional Capacity Evaluation, the man had been deemed unable to return to pre-injury employment. In addition, he did not qualify as a vocational retraining candidate. Because of these facts, his Workers’ Compensation attorney should have advised him to pursue Social Security Disability benefits, which he clearly qualified for.
Our attorneys immediately filed an application for Social Security Disability for the husband, and a Reconsideration Appeal on behalf of the wife. Despite overwhelming evidence that both should have qualified for Social Security Disability Benefits, they were each denied. Our disability attorneys ultimately requested a hearing with an Administrative Law Judge in each case and won SSD backpay and benefits for both.
Our attorneys also worked with our client’s physicians to build a strong case for the Short Term and Long Term Disability denial and appealed the disability insurance company’s decision to deny benefits. However, the insurer once again denied our client’s appeal on the same foundations. After discussing the denial with our client, our attorneys filed a lawsuit to fight for our client’s right to benefits.
The Fields team gathered everything they needed for trial and were well prepared as the court date approached. In order to avoid having to go to court against our experienced disability attorneys, the Long Term Disability insurance company proposed a sizable settlement offer. We discussed the offer with our client, and she was overjoyed with the amount. No longer having to worry about medical bills and other expenses, the couple was able to begin the next chapter in their lives together.
Contact Our Disability Attorneys Today
Whether you are applying for disability or your benefits have been denied, it’s important to speak with an attorney to help you understand the most suitable approach to getting your benefits approved.
