ERISA Attorney Answers: How Do I Win My Long Term Disability Claim for Vestibulopathy?

 

You would think that suffering from a combination of medical conditions, including post-concussion syndrome, severe hyperacusis, vestibulopathy (dizziness), migraines, and cognitive problems would make it “easy” to win your claim.

The insurance companies, and, in this case in particular, Reliance Standard Insurance Company, will often fight tooth and nail to defeat your claim.

In the latest episode of the BenGlassLaw ERISA Long Term Disability podcast, we listen in to the oral arguments of a long term disability case that highlights the challenges a claimant will often be forced to go through just to get the benefits they employer paid for.

This argument is a must-listen for anyone navigating an ERISA-governed long-term disability insurance claim, especially if you’re dealing with companies like Reliance Standard. The episode is not only informative but also serves as a beacon of hope for those facing long-term disability claim denials.

The case centers on a claimant who, after a car accident, found herself unable to work due to multiple debilitating medical conditions, including post-concussion syndrome, severe hyperacusis, vestibulopathy (dizziness), migraines, and cognitive problems. Her struggle for long-term disability benefits from Reliance Standard leads to a huge legal battle that ended up in the Fourth Circuit Court of Appeals, in Richmnond, Virginia.

The District Court’s decision in favor of the claimant, Tekmen, sets the stage for this appellate battle. Reliance Standard’s appeal brings into focus the critical roles of the District and Appellate Courts in the context of a closed administrative record and a de novo standard of review. This part of the podcast offers an in-depth analysis of legal procedures and the strategic maneuvers of insurance companies, making it a valuable listen for professionals and claimants alike.

[Yes, we know this sounds complex. It is! That’s why many federal judges have said that claimants in a long-term disability claim will be better off hiring an experienced long-term disability attorney right at the beginning of their claim journey. Honestly, no attorney in Virginia has more experience representing claimants in this area of the law than Ben Glass.)

A pivotal moment in the episode is the discussion on the Fourth Circuit Court’s rejection of Reliance Standard’s request for a special quick decision-making process. This segment provides a masterclass in legal strategy and the importance of thorough judicial review, particularly in cases where there’s significant disagreement over the facts.

Our podcast goes on to explain the court’s adherence to the Federal Rules of Civil Procedure, emphasizing the necessity of a detailed review process over quick judgments. This discussion is crucial for understanding the legal landscape surrounding long-term disability claims and the importance of meticulousness in the face of insurance companies’ tactics.

Finally, the episode concludes with an examination of how the court’s decision-making process aligns with established legal principles, especially in reviewing the facts of a case like Tekmen’s. This part of the podcast is not just about the legalities but also reinforces the importance of fair and comprehensive judicial processes in long-term disability insurance cases.

In summary, this episode is a deep dive into the world of long-term disability claims, insurance company strategies, and the legal principles governing these cases. It’s an essential listen for anyone dealing with a long-term disability claim denial, offering insights, strategies, and hope. Tune in to understand the intricacies of cases like Tekmen’s and arm yourself with the knowledge to navigate the complex landscape of long-term disability insurance.

By the way, if you are considering hiring an experienced long-term disability attorney to handle your claim, make sure you watch this video first!