Disability Claim: Reflex Sympathetic Dystrophy

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Disability Claim: Reflex Sympathetic Dystrophy

By | 2010-04-28T22:01:16+00:00 April 28th, 2010|Disability Insurance Claims, Success Stories|0 Comments

The client was a director of underwriting for an insurance company.  He had been in the business for 17 years.  He sustained a knee injury in the mid 1990s that developed into reflex sympathetic dystrophy (RSD), a pain syndrome that is very difficult to treat.  His condition worsened and his pain distracted him while working.  His pain medications made him drowsy and made it difficult to concentrate.  However, he was a hard working, dedicated employee who wanted to stay on the job as long as possible.

After undergoing two unsuccessful surgeries the client was laid off and filed for disability benefits.  The disability insurer denied benefits, claiming that the fact that he had stayed on his job proved that he was not disabled and that he was laid off only because of a company-wide reduction in force.  The insurer pointed out that the client had to be totally disabled on his last day of work in order to get benefits.  During the administrative appeal process Stennett & Casino documented through employment records, co-employees and the treating physician that the client’s disability occurred before he was laid off.  The insurance company continued to deny the claim and it eventually went to trial.  The trial judge agreed with Stennett & Casino and awarded our client disability benefits.  Attorney’s fees and interest were also recovered.

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