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Frankle & Newfield Overturn a Denied Lincoln Insurance coverage Declare for a Grasp Builder/Venture Supervisor
Our 65-year-old consumer loved a protracted and prestigious profession as a Grasp Builder/Venture Supervisor for a North American-based worldwide development firm. He was pleased with engaged on many high-profile initiatives in New York Metropolis, together with the brand new Yankee Stadium and the Madison Sq. Backyard re-build.
The character of his job led to vital put on and tear on his physique over time, and a number of corrective surgical procedures, mixed with signs from a automotive accident a long time earlier than, pressured him to cease working, reluctantly retiring from the place he cherished.
He suffers from a listing of quite a few debilitating and disabling situations, together with however not restricted to power ache, atrial fibrillation, coronary artery illness, cardiovascular palpitations, degenerative cervical disc illness, degenerative lumbar disc illness, lumbar spondylosis, failed again syndrome, complicated regional ache syndrome, publish laminectomy syndrome, a number of cervical anteriolistheses, new modic modifications inflicting accelerated degenerative cervical backbone illness (spondylolistheses), umbilical and bilateral inguinal hernia together with anterolateral MI with perioinfarct angina, spinal wire stimulator, neck and again ache, power ache syndrome, kidney and ureteral stones, weight problems, hypertension and diabetes mellitus.
Earlier than submitting a declare, he consulted with a number of medical professionals for analysis of his sophisticated co-morbid situations, all of whom had been extraordinarily supportive of his choice to cease working and file for long run incapacity advantages.
Though an awesome quantity of medical assist was submitted to Lincoln, his long-term incapacity advantages had been wrongfully denied. He retained the providers of Frankel & Newfield to battle for him and submit an attraction that may overturn Lincoln’s wrongful denial. We labored collectively offering Lincoln with ample assist as to why our consumer may now not work on a full-time sustained foundation in each a bodily and cognitively demanding profession.
We additionally labored carefully along with his quite a few physicians in rebutting Lincoln’s inaccurate and unreliable peer opinions carried out by biased third occasion medical doctors who had by no means seen or handled our consumer in particular person. The attraction contained subjective medical assist, narrative reviews from his treating physicians and a plethora of medical literature informing Lincoln of the severity of our consumer’s situations.
A number of months after our attraction was submitted, Lincoln summoned our consumer to attend an IME, an in-person “unbiased” medical examination. We demanded {that a} witness be current with our consumer for this pivotal examination, however when the physician declined, we suggested Lincoln that they had been to conduct one other paper evaluate as a substitute and alerted them to the truth that many medical doctors allow witnesses – and those that don’t elevate severe issues for impartial fiduciaries. Shortly thereafter, Lincoln acquiesced, and one among our paralegals accompanied our consumer to the IME as a witness to take notes and supply a sworn assertion of what transpired.
Even Lincoln’s employed gun couldn’t refute our consumer’s extreme bodily limitations and complex medical historical past. After the examination findings had been submitted, Lincoln reversed its choice.
Our consumer is now receiving his month-to-month advantages and we proceed to observe his declare, making certain that he can give attention to taking good care of himself and never worrying about monetary issues.