Articles Tagged with “Lincoln Financial”

Shauna was a Quality Supervisor with a large international engineering company for four years until August 2016, when she was forced to stop working due to severe bilateral degenerative foot deformities that have required a total of nine surgeries to date. Shauna also suffers from post-traumatic arthritis of the bilateral hands, feet, and ankles; cervical spondylosis and radiculopathy; degenerative changes to the thoracic and lumbar spine requiring surgical implantation of a pain pump to deliver pain medication directly into her spinal canal; and post-laminectomy syndrome of the lumbosacral region.

Shauna applied for and received long term disability (LTD) benefits under her employer’s LTD policy with Liberty Mutual. The Liberty Mutual policy provided that in order to continue receiving disability benefits for longer than 24 months, Shauna was required to prove that she was disabled from any occupation for which she was reasonably fitted by training, education, experience, age, physical and mental capacity. Unfortunately, Liberty Mutual terminated her LTD benefits in February of 2019, arguing that she was able to return to work in a sedentary capacity and listing several obscure occupations (including thermometer maker and multifocal-lens assembler) that it asserted she could perform despite her condition.

After her benefits were terminated, Shauna hired O’Ryan Law Firm to represent her to appeal the termination of her LTD benefits. We gathered substantial additional supportive medical evidence, including strong supportive statements from her treating physicians, and compiled an appeal of Liberty’s termination of Shauna’s LTD benefits. We also provided updated diagnostic imaging studies and photos of Shauna’s feet showing the extreme degree of swelling that she experienced 24 hours after attempting to sit without elevating her feet for just two hours.

A former employee of Mid America Clinical Laboratories hired O’Ryan Law Firm after Lincoln National wrongfully terminated her short term disability benefits and then refused to pay any long term disability benefits.  The client initially applied for short term disability benefits that were offered through her employee benefit plan, although the employee paid all of the premiums herself for the disability coverage.  Lincoln National was the disability insurance company who accepted all of her premiums and agreed to pay her monthly disability benefits in the event she became unable to work due to a serious illness or injury.

The employee suffered from the severe symptoms of Lyme disease including muscle and joint pain, headaches, and disabling fatigue.  The employee treated with one of the best Lyme disease specialists in Indiana, Dr. Kimberly Lentz, whose office is located in Zionsville.  Dr. Lentz reported to Lincoln that the employee had the classic symptoms of Lyme disease and was unable to continue working because of the debilitating consequences of contracting Lyme disease.  Lincoln paid her short term disability benefits for a month but then terminated the claim after they hired a record reviewing doctor to review the records.  After the short term disability was terminated, the employee hired O’Ryan Law Firm to appeal the premature termination of her short term benefits and to assist her with applying for long term disability benefits.

Prior to her serious medical conditions, the employee worked as a medical technician with Mid America Clinical Laboratories for two years.  Her job required her to analyze blood and body fluids, operate sophisticated laboratory equipment and computerized instruments, log data from medical tests, discuss lab findings with physicians, and supervise and train other medical lab technicians.  An extensive amount of concentration and focus was necessary to perform the duties of her position and any mistakes could lead to serious consequences. Mid America is the largest clinical laboratory in Indiana. They complete over 4.5 million tests per year. Mid America is not only located in Indianapolis, but also has over 30 Patient Service Centers throughout central Indiana.

O’Ryan Law Firm, on behalf of the Plaintiff, Dr. B, recently settled a lawsuit against Lincoln National Life Insurance Company (“Lincoln National”) for the denial of Dr. B’s claim for long term disability insurance benefits.

Dr. B was a radiologist at a regional hospital, where he worked approximately 10-14 hour days which consisted primarily of interpreting diagnostic images on a computer monitor. The position demanded absolute accuracy in reading diagnostic images, as even a single mistake or omission could be the difference between life and death for a patient. He also performed interventional procedures (e.g. percutaneous biopsies of various organs, joint injections, and fluoroscopy) and consulted with physicians and patients to review his findings. His position also involved a substantial amount of physical activity, including assisting techs with moving or positioning larger patients, and wearing lead aprons to shield himself from radiation associated with imaging equipment.

Several years ago, Dr. B began to suffer from keratoconjunctivitis sicca (dry eye syndrome), a condition that commonly affects radiologists.[1] Over the next several years, his condition progressively worsened, to the point that he often had to pull over on the drive to or from work to rest his eyes because his vision had become too blurry to drive. While his vision is good when his eyes are well-rested, even a small amount of computer usage causes his eyes to become sore, dry, and itchy, blurring his vision and requiring him to blink excessively and use eye drops to the fullest extent possible.

One of the most disabling symptoms for our disability clients at the O’Ryan Law Firm is chronic, severe pain. The type of pain that keeps you awake most of the night or forces you to lay down most of the day in order to alleviate the pain just a little bit. The pain that results from degenerative disc disease, fibromyalgia, neuropathy and failed back surgeries among other medical conditions. Disability insurance companies are loath to pay disability benefits when the most significant symptom is disabling pain. Oftentimes, the insurance company will discount considerable evidence that the chronic pain is a significant factor in the disability claim because many of the objective medical testing is “normal.” There are no x-rays, MRIs or CT scans that are able to document chronic, severe pain. However, many courts have held that a disability claimant can prove the severity of their pain by showing, with their medical records, repeated attempts to treat the pain including steroid injections, prescription medications, surgery, physical therapy and acupuncture. These treatment methods can show that a claimant is suffering from severe pain.

In this area, when there is an absence of testing to establish the source of pain, a claimant can show that they are disabled by chronic pain by proving that the claimant has diligently sought out treatment for the pain. The Seventh Circuit Court of Appeals has held that “medical science confirms that pain can be severe and disabling even in the absence of ‘objective’ medical findings, that is, test results that demonstrate a physical condition that normally causes pain of the severity claimed by the [plaintiff].” Carradine v. Barnhart, 360 F.3d 751, 753 (7th Cir.2004). Thus, while objective medical evidence must support a finding of an underlying impairment, subjective evidence can be used to demonstrate that the pain associated with that condition is disabling. Carradine, 360 F.3d 753; see also Hawkins v. First Union Disability Plan, 326 F.3d 914, 919 (7th Cir.2003) “Taken in the light most favorable to the plaintiff, the evidence of [plaintiff’s] repeated attempts to seek treatment for his condition supports an inference that his pain, though hard to explain by reference to physical symptoms, was disabling.” Diaz v. Prudential Ins. Co., 499 F.3d 640, 645 (7th Cir. 2007). In Sandell v. Prudential Ins. Co., 2007 WL 4404487, *7 (S.D. Ind. Dec. 13, 2007), the court found that a record review commissioned by the plan administrator was not persuasive, in large part because the reviewing physician failed to consider the claimant’s subjective pain symptoms or address whether the claimant’s pain made it impossible for the plaintiff to hold full-time gainful employment. Similarly in Gessling v. Group Long Term Disability Plan for Employees of Sprint/United Management, 693 F. Supp.2d 856, 866 the Court held:

The record here also shows that Gessling aggressively pursued for several years a range of therapies for his pain, including the rhizotomies, acupuncture, epidural injections, and even hypnosis. Those efforts are hard to reconcile with a theory that Gessling was exaggerating or lying about his pain. See Diaz v. Prudential Ins. Co. of America, 499 F.3d 640, 646 (7th Cir.2007) (reversing summary judgment for plan under de novo review; efforts at therapy supported credibility of claimant’s complaints of pain); Carradine v. Barnhart, 360 F.3d 751, 755 (7th Cir.2004) (remanding denial of Social Security disability benefits based on subjective pain complaints where claimant had undergone extensive, varied, and intrusive pain therapies).

We have represented numerous clients in short term disability and long term disability claims after Lincoln Financial, also known as Lincoln National, has denied or prematurely terminated the client’s disability benefits claim. Lincoln traces its origin to June 12, 1905, in Fort Wayne, Indiana, as the Lincoln National Life Insurance Company. Perry Randall, a Fort Wayne attorney and entrepreneur, suggested the name “Lincoln,” arguing that the name of Abraham Lincoln would powerfully convey a spirit of integrity. In August, 1905 Robert Todd Lincoln provided a photograph of his father, along with a letter authorizing the use of his father’s likeness and name for company stationery and advertising.Lincoln 3.jpg

Lincoln National Corporation is a Fortune 250 American holding company, which operates multiple insurance and investment management businesses through subsidiary companies. Lincoln Financial Group is the marketing name for LNC and its subsidiary companies. LNC was organized under the laws of the state of Indiana in 1968, and maintains its principal executive offices in Radnor, Pennsylvania In 1928, LNC president Arthur Hall hired Dr. Louis A. Warren, a Lincoln scholar, and in 1929, LNC acquired one of the largest collections of books about Abraham Lincoln in the United States. The Lincoln Museum in Fort Wayne was the second largest Lincoln museum in the country. The Abraham Lincoln Presidential Library and Museum in Springfield, Illinois is now the world’s largest museum dedicated to the life and times of Abraham Lincoln, after the closing of the Fort Wayne Lincoln Museum June 30, 2008.

Lincoln National issues group disability policies, and individual disability policies, to provide income replacement benefits to residents of the State of Indiana who are forced to stop working due to injury or illness. At O’Ryan Law Firm, we have received numerous calls from individuals who were promised disability benefits under a Lincoln National policy yet those benefits were denied by Lincoln despite medical proof establishing that the definition of “Disabled” had been met under the terms of the policy. Several of our clients who are insured by Lincoln National were teachers who had taught for many years until reaching the point where they were no longer able to keep teaching because of medical conditions.