May 23, 2012

Case Results

DISCLAIMER: Please note that every case is different and these verdicts and settlements, while accurate, do not represent what we may obtain for you in your case.

Reversing a Disability Denial Based on Seizures and Traumatic Brain Injury

Our client was a highly compensated sales rep in the medical field. She suffered a traumatic brain injury in an automobile accident and was unable to work due to cognitive loss and seizures. The insurer initially denied her claim. However, her employer verified she simply could not satisfactorily perform her job. Over two years passed after the denial before she retained our services. When we were not able to persuade the insurer to voluntarily reconsider her claim, we filed suit on her behalf and obtained an Order from the court that the insurer reconsider the denial. The Firm gathered all her relevant medical records, submitted them to the insurer and sent with the records a detailed review and analysis of her medical conditions and inability to work. The insurer agreed to pay benefits to our client for the first two years after the accident. However, for time off work after that, the insurer denied the claim arguing that there was no coverage after 24 months when the disability was caused by a mental condition. The Firm is now in the process of appealing the denial of benefits after the initial 24 month period because the disability is based on physical rather than mental disorders.

Awarded: $115,000 Disability Claim