A CT technologist at an area hospital applied for benefits under her disability insurance policy that she paid for through payroll deductions. Although she had rotator cuff tear for many years, her employer accommodated her restrictions so that she could continue working. She filed a claim when Fibromyalgia and Chronic Fatigue, combined with her other medical conditions, made it impossible for her to perform the duties of her occupation. As a CT technologist, she needed to be able to walk, bend, stoop, lift and reposition patients and equipments and be ready to respond in an emergency.
Unum denied her STD claim, solely on the basis that the condition was work related. Claudeth Henry, of CJ Henry Law Firm, PLLC partnered with her workers’ compensation attorney and her physician to establish her disability independently of the work related injury. She provided excerpts of her client’s orthopedic surgeon deposition, who testified that the industrial injury did not cause her fibromyalgia or her rheumatologic condition. She also proved that her primary medical conditions, Fibromyalgia and Chronic Fatigue, limited her ability to meet the physical demands of her occupation as a CT Technologist independent of her rotator cuff tears.
CJ Henry Law Firm, PLLC filed the appeal on December 15, 2009, and on January 13, 2010, received a letter reversing the denial. A week later we received a check covering the entire 22 weeks of STD benefits. This quick resolution was due to the hard work of Ocala disability insurance attorney Claudeth Henry and the her team at CJ Henry Law Firm, PLLC, whose mission is to seek justice for the disabled, one client at a time.
We have represented many policyholders who have claims against their disability insurance carrier and many who suffer from the debilitating effects of Fibromyalgia or other disabling conditions. We represent clients with initial applications for benefits, in appeals, litigation, settlement and policy buy-outs. If you have a problem with a disability policy, or are preparing to file a disability claim, please call us at 352-304-5300 or click here to contact us.
