We bring you the actual lawsuit oral arguments of long term disability claims, including claims for Charcot Marie Tooth Syndrome, that have been denied by insurance companies*.
Charcot Marie-Tooth Syndrome Disables a Nurse
Charcot-Marie-Tooth (CMT) syndrome, also known as Charcot-Marie-Tooth disease, is a group of inherited neurological disorders that leads to muscle weakness and atrophy, particularly in the extremities (feet, legs, hands, and arms). It may also affect sensory nerves, causing numbness, tingling, and pain. The severity of symptoms, age of onset, and progression can vary widely among individuals and even among family members.
There is no cure for CMT, but treatment can help manage symptoms and may include physical therapy, occupational therapy, orthopedic devices (such as braces and orthotic devices), and sometimes surgery to correct deformities. Research is ongoing to find more effective treatments and ultimately a cure for this condition.
CMT can be a reason why someone cannot work and must file for long term disability benefits under an employer’s long-term disability insurance policy.
Charcot-Marie-Tooth Syndrome Long-Term Disability Claims Are Often Denied
Sadly, these claims are often denied by the major insurance companies like UNUM, CIGNA, AETNA, HARTFORD and others.
In this case, the claimant was a nurse at the Mayo Clinic Health System. Her symptoms included muscle atrophy in her legs, with a deterioration that eventually plateaued in 2011. This stabilization meant her condition ceased to worsen but showed no improvement. By March 14, 2016, it became evident that the claimant’s ability to perform tasks for extended periods was severely hindered by intense pain and fatigue, impacting her daily life and work capacity.
The Nurse Was Put Under Surveillance and Subjected to a Records Review
As is very common in long term disability insurance claims, her records were reviewed by a rehabilitation consultant employed by the insurance company. Even though the treating physician supported her claim, she was also put under video surveillance.
The insurance company denied her claim, finding that she had the capacity to work.
The Court Ruled Against the Insurance Company and the Insurance Company Appealed
The trial court disagreed with the insurance company, finding that the company had failed to fully appreciate the claimant’s pain and concentration difficulties, things that are often very difficult to understand from simply looking at the records, as insurance companies usually do. The trial court also found that the insurance company’s experts contradicted each other.
The insurance company appealed the case to the Court of Appeals.
Appeals can take years to be resolved and while cases are being appealed the insurance company is holding the money.
This is the oral argument of that case.
*BenGlassLaw is the only law firm which makes available oral argument recordings from the Federal Courts of Appeals in long-term disability lawsuits. If you have been denied long-term disability benefits for Charcot Marie Tooth Syndrome, send us your denial letter for a free review.
Other Long-Term Disability Resources
Be sure to visit the BenGlassLaw Long-Term Disability YouTube Channel
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