As nationally recognized disability attorneys Marc Whitehead & Associates have represented disabled workers throughout the U.S who have been unfairly denied their Liberty Mutual disability claims benefits. We’ve worked on hundreds of cases concerning Liberty Metal’s troubling habit of denying and delaying benefits to policyholders after they find themselves unable to work.
Based in Boston, Massachusetts, Liberty Mutual has been selling group disability insurance to employers for over 60 years. They sell group coverage for both short term disability and long term disability. Short term disability provides benefits for intervals up to 13 or 26 weeks; long term disability provides benefits for longer durations, typically up to age 65 or retirement age. Employees purchase these plans to provide cash benefits in the event they become too injured or ill to work.
We recently represented a 38-year-old man from Arizona who suffers from multiple sclerosis, degenerative disc disease and chronic pain in his appeal of Liberty Mutual’s decision to deny his claim for long term disability (LTD) benefits.
Multiple sclerosis (MS) is a progressively debilitating disease in which the body’s immune system eats away at the protective sheath (myelin) that covers the nerves. Damage to myelin causes interference in the communication between the brain, spinal cord and other areas of the body. This condition may result in deterioration of the nerves themselves, a process that is not reversible.
Multiple sclerosis has no cure. Our client’s MS symptoms include numbness or weakness in his limbs, partial loss of central vision with pain during eye movement, hearing loss, tingling and pain in parts of his body, tremors, and lack of coordination, slurred speech, and fatigue. In addition he suffers from chronic pain due to the MS symptoms and degenerative disc disease.
Liberty Mutual’s decision to turn down our client’s claim was based on a review of only a few medical records. They determined that our client was not fully disabled and could perform a full time sedentary job.
If Liberty Mutual had bothered to review our client’s full medical file they would have seen that all of our client’s examining physicians were of the opinion that he is disabled and unable to work in any capacity. We were determined to prove that his Liberty Mutual LTD denial was incorrect.
Liberty Mutual LTD Denial Appealed by Marc Whitehead & Associates
Our appeal had to prove that our client cannot work at any job and although he has made many adjustments in his life to accept all that the MS has done to him, he is unable to perform ANY job due to pain, MS and degenerative disc issues.
Liberty Mutual didn’t bother review our client’s medical file thoroughly, but we did. Our attorneys extensively researched the documented evidence of our client’s disabilities, their impact on his life, and how they made it impossible for him to work at all, even in a sedentary job. After looking at the evidence, we knew we could create an appeal that would successfully overturn Liberty Mutual’s LTD benefits denial.
Our appeal would point out that many of our client’s physicians were of the opinion that he was unable to return to full time work and that they had written many physician’s statements to Liberty Mutual stating this fact. Our client’s medical treatment records clearly show his restrictions and limitations include the inability to sit, stand or walk for the sustained time necessary for full time work, even at the sedentary level.
Social Security Disability Decision and FCE Aid in Denial Reversal
In addition to written statements from our client’s physicians, there was also the fact that the Social Security Administration had already determined that our client is disabled from performing any occupation.
The Social Security Act requires that a claimant for disability benefits be unable to perform the material duties of any occupation for which he is reasonably suited. This means literally any occupation existing in significant numbers in the national economy.
Though Liberty Mutual and the Social Security Administration may have a different definition of disability, the insurance company still chose to ignore the SSA disability decision.
We submitted numerous reports from our client’s treating physicians as well as other medical records pertaining to his condition. These medical reports and records repeatedly confirmed that our client suffers from extreme and wholly debilitating chronic pain and fatigue that was manifested in obvious physical symptoms observed at the Functional Capacity Evaluation (FCE) and by his treating physicians. These included short term memory problems, balance issues, decreased coordination, impaired gait, nausea, vertigo, fatigue, and constant bilateral leg pain and low back pain in addition to numbness and tingling in his feet and hands.
The FCE also proved the physical factors that impaired our client’s inability to work. These included impaired gait and lower extremity weakness, inability able to stand, walk, or sit for prolonged periods of time due to weakness and impaired balance and increased leg and back pain.
Based on an assessment of his restrictions and limitations, our client’s doctors concluded that due to pain and fatigue, he could not perform his own occupation. Consistent with that assessment, during the FCE, our client exhibited such pain and fatigue that he was unable to complete all the tests.
With this evidence, we were able to prove that there was no physical way that our client could continue to work and that the Liberty Mutual LTD denial was an incorrect determination.
By researching all available medical documentation, exams, and physicians statements, our experienced disability attorneys were able to put together a comprehensive appeal and help prove our client’s disability beyond a doubt. With the assistance of a cooperative Liberty Mutual appeal representative, we were able to overturn the Liberty Mutual LTD denial decision and provide our client with the benefits he deserves.
Attorneys for Liberty Mutual Disability Claims for Multiple Sclerosis
Has your claim for disability benefits for MS been denied by Liberty Mutual or another insurance company? ERISA, the Federal laws that govern most employer disability insurance policies, gives you the right to appeal a denial of LTD benefits. But you only have a limited time in which to act and only one chance to submit the evidence that establishes proof of your inability to work.
Fortunately, you have an ally who has more than 25 years’ worth of experience appealing LTD denials by Liberty Mutual and others. Marc Whitehead & Associates has successfully represented claimants at all stages of the disability claim process — even in Federal court. If you feel your LTD benefits claim was unfairly denied, contact the law offices of Marc Whitehead & Associates to schedule a free consultation with one of our disability benefits attorneys. We want to see that you get the benefits you deserve.
For more information be sure to check out our Long Term Disability Videos for tips about beginning a disability insurance claim, how to appeal a denial, insurance company denial tactics and much more.