Stennett & Casino - Attorneys at Law

Lupus is an autoimmune disease that can affect various parts of the body, including skin, joints, heart, lungs, blood, kidneys and brain.  Normally the body’s immune system makes proteins called antibodies, to protect the body against viruses, bacteria, and other foreign materials.  In an autoimmune disorder like lupus, the immune system cannot tell the difference between foreign substances and its own cells and tissues.  The immune system then makes antibodies directed against itself, causing inflammation, pain and damage in various parts of the body.

Lupus can cause unique problems in proving that one is disabled from returning to full time work.  For most people, lupus is a mild disease but for others, it can cause serious and even life threatening problems.  Currently there is no single laboratory test that can determine whether a person has lupus or not.  Many lupus symptoms mimic other illnesses and are sometimes vague and may come and go, making it difficult to diagnose.  Additionally, the symptoms can be varied.

The most common disabling conditions being:

• achy joints
• fever
• arthritis/swollen joints
• prolonged or extreme fatigue
• anemia
• kidney involvement
• pain in the chest on deep breathing/pleurisy
• neurological disorder
• blood clotting problems

Oftentimes no single condition is disabling in itself.  It is a combination of the symptoms and sometimes even the treatment thereof that become disabling.  One of the primary aggravators of the disease is physical and emotional stress, both of which are found in most work places.

A proper understanding of the disease process is necessary to properly document and support a disability claim.  We at the law firm of Stennett & Casino have dealt with clients suffering from lupus and can effectively help in the proper presentation of a lupus disability claim.

To view a lupus claim handled by Stennett & Casino click here.

A multiple sclerosis “flare” is a sudden worsening of one or more symptoms of the disease or the appearance of new symptoms which can last anywhere from days to weeks to months.  These exacerbations although temporary can be disabling, precluding a patient from gainful employment.

Many clients who apply for disability benefits may be observed by an insurance company during a period when a patient is not experiencing a MS “flare.”  However, since these “flares” can occur as frequently as once a month, a worker may be precluded from continuous gainful employment because the worsening or new symptoms frequently causes a worker to be absent from work during the “flare.”

We at Stennett & Casino are aware of this waxing and waning of symptoms and are able to help clients convince the insurance company that this is a very real part of the MS diagnosis.

In addition to the very obvious physical symptoms of multiple sclerosis, such as loss of muscle function, problems with walking, vision disturbances, tremors, etc., there is a more debilitating symptom that often goes unnoticed – that of cognitive dysfunction.  This is separate and apart from the symptoms of fatigue and depression which also plague the MS patient.

Common Disabling Conditions of Cognitive Dysfunction

• slowed speed of performance
• ability to retrieve memory affected
• reduced ability to recall words
• slowness in thinking
• impaired planning skills

All of these non-physical impairments are not easily observable but have the most detrimental affect on being able to function at a job and/or profession.  Frequently these dysfunctions are overlooked by insurance companies when assessing a claim for disability.

We at Stennett & Casino are aware of these pitfalls and have helped many clients suffering from multiple sclerosis secure disability benefits emphasizing how these cognitive deficits preclude a client from carrying out the duties of even a sedentary job.

Denial of Disability Retirement Reversed

Stennett & Casino’s client was employed by the County of San Diego for over 10 years in a clerical position.  She had to stop work because of an injury to her knee resulting from continued banging against a desk when she was placed in an awkward work station.  Despite the fact that she underwent 4 unsuccessful knee surgeries that left her with severe standing and walking limitations and severe pain with extended sitting, the County asserted that it could accommodate her limitations and continue to provide her a sedentary position.

The County denied the client’s claim for disability retirement.  The employee hired Stennett & Casino to represent her at a fact finding hearing.  The primary issue was whether the employee had a “permanent incapacity” precluding her from performing work for the County.  Stennett & Casino had the treating physicians focus on this issue and were able to convince the hearing officer that her constant pain and distress associated with her knee, no matter what position she was placed, precluded her from any full time employment.  Client received her disability retirement benefits.

A Los Angeles Superior Court jury awarded plaintiff Laura Kieffer 4.2 million in damages in her civil lawsuit against Paul Revere Life Insurance Company and Unum Group.  The award represented $600,000 in past and future disability benefits, $600,000 in emotion distress and $3 million in punitive damages.

Ms. Kieffer was a dental hygenist in 1988 when she purchased an individual disability policy from Paul Revere.  Beginning in 1996 she developed several disabling medical conditions, including carpel tunnel syndrome and cervical pain radiating into her upper extremities, preventing her from being able to perform the repetitive motions and fine hand manipulations necessary for her job.

In March, 2008 after 12 years of paying disability benefits Unum Group terminated her disability benefits.  Unum ignored the recommendations of Kieffer’s treating physician who supported her disability and deliberately chose not to wait for the results of an MRI test which would have supported her claim.  Unum relied solely on a report of a physician it had examine Ms. Kieffer, which was riddled with mistakes.  Unum’s doctor spent only 10 minutes with Ms. Kieffer, not even looking at her right hand, which was the main issue.

The jurors heard about Unum’s settlement with the California Insurance Commissioner in which it promised not to continued claims handling practices which the Commissioner found to be unfair.  The jury found that Unum’s continuing use of these unfair practices with Ms. Kieffer were intentional, supporting the award of punitive damages.