Cedar Park and Leander Residents Assisted by Austin Attorney
Posted on Fri, Jan 27, 2012 @ 12:09 PM
Austin attorney Lonnie Roach, of Bemis, Roach & Reed, has been able to assist many disabled residents of the Cedar Park / Leander area. These clients have fought to receive benefits due them from their long term disability (LTD) policies, and Mr. Roach as helped them win this fight.
One Cedar Park client had been found to be totally disabled by the Social Security Administration due to his bipolar disorder. MetLife had previously recognized that our client was totally disabled by this condition, which had failed to respond to numerous medication trials. His treating psychiatrist stated that he was "incapable of performing his former job, or any regular employment that involves working under stressful conditions, due to the severity of his mental illness." MetLife eventually denied his claim, but Bemis, Roach & Reed was able to get his benefits reinstated.
Another client suffered from lateral epicondylitis. She was originally awarded LTD by Unum because she could not return to gainful employment as defined by Unum’s LTD policy. Her benefits were denied then reinstated several times over 15 years, then denied again without any significant change in her condition. We took up her case and got Unum to settle.
A Leander man with severe obstructive sleep apnea unsuccessfully underwent surgery in an attempt to correct the condition, which caused him to develop uncontrolled hypertension. In November, 2008, his sleep medicine specialist certified that he had a class 4 physical impairment. The physician determined that, in his current condition, the client was unable to perform any occupation for which he was qualified. This Board Certified Sleep Medicine Specialist certified him as totally disabled, calling the disability “permanent” and a “life-long disability.” The Social Security Administration determined him to be totally disabled under its standards. Despite these previous statements and determinations, Sedgwick’s reviewing physician, who had a questionable past and weak qualifications, generated a report that resulted in our client’s LTD denial. We fought the denial and were able to get our client’s benefits reinstated.
A Cedar Park client suffered a herniated disc. Surgery was not successful. He required narcotic pain management which was, in and of itself, disabling. Total disc replacement surgery was recommended, but was only partially successful. CIGNA based its denial of benefits on an incorrect job description which indicated that the client's profession was sedentary when it was actually highly active and dangerous. Bemis, Roach & Reed filed an appeal and subsequently obtained a settlement.
A Leander client brought Bemis, Roach & Reed on to assist in the appeal of both short and long term disability claims. Aetna stated it did not consider the Social Security Administration’s finding of total disability because it did not review Social Security’s file. In the SSA's Award letter to the client, it determined that the client's osteoarthritis and associated conditions rendered her presumptively disabled under its guidelines. She underwent a Posterior Lumbar Interbody Fusion surgery due to her unremitting pain. Aetna's psychiatrist found that the client was significantly impaired due to pain secondary to her avascular necrosis, and pain medication. She had been adjudged totally disabled by the Social Security Administration. We were successful in her appeal and got her benefits reinstated.
In her doctor's opinion, a Leander, Texas client needed to be on permanent disability. The physician believed it a matter of time until the client would need further surgical intervention on her cervical spine. CIGNA took its reviewing physician’s opinion over that of our client’s primary physician even though the reviewing physician never examined the client. Cigna ended up offering a settlement.
If you are a Cedar Park or Leander resident, or are from anywhere in Texas, and have recently had your LTD claim denied, contact Lonnie Roach to find out how he can assist you.