Our client was employed as the Clinical Director of a medical research company whose job was classified as sedentary, even though it required her to travel. She developed a neuromuscular disorder which became progressively debilitating and eventually totally disabled her from work. Her condition was considered to be permanent and had no treatment or cure.
The insurance company after having her examined by their own rheumatologist determined that our client was able to perform sedentary work. Their doctor’s report of the examination confirmed that our client had difficulty walking up and down the hall, used a cane, had difficulty getting out of a chair and had measurable moderate weakness in all the muscles of her upper and lower extremities. Their doctor further reported tenderness in her lower back, swelling in her knees, an inability to perform repetitive grasping and opined that her ability to function would gradually become much more limited. The insurance company’s doctor summarized these findings to the insurance company and even with these observable limitations, the insurance company continued to deny her disability.
When our client retained us we immediately informed the insurance carrier that the client was being seen by a neuromuscular specialist and submitted a report from the specialist confirming her total disability. The report reiterated the fact that the disease was progressive. The insurance company refused to consider this report and refused to reconsider their denial of benefits.
Stennett & Casino filed a lawsuit against the insurance company and was successful in getting the client all of her past due benefits, interest on those benefits and attorney fees as well as having her future monthly benefits reinstated.