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Disability Success Stories | RMS Law | rms.law
Disability Success Stories

DISABILITY SUCCESS STORIES

Following are a representative sampling of some of our disability cases that have settled or otherwise favorably resolved. We have withheld our clients’ names due to confidentiality agreements. Additional results can be reviewed when you speak with an attorney at our firm.

 

 


AUTOIMMUNE DISORDERS

E.G. v. Aetna

EG suffered from antiphospholipid syndrome (APS); an autoimmune blood disease. She was unable to return to her vocation as a registered nurse. Aetna terminated EG’s disability benefits based on video surveillance and a peer-review report. Rosen Moss Snyder LLP, successfully argued the video did not transcend to being able to work. After filing suit, Rosen Moss Snyder LLP, was able to favorably resolve the case.

D.K v. Prudential

DK suffered from dermatomyositis, which manifested in muscle weakness, fatigue, flu-like symptoms, gait dysfunction and memory loss. DK was medically and physically unable to return to her nursing vocation. Prudential terminated DK’s disability benefits based on an IME. Rosen Moss Snyder LLP, successfully argued the IME was not an accurate depiction of DK’s functionality and disability status. After filing suit, Rosen Moss Snyder LLP, was able to favorably resolve the case.


BRAIN INJURIES

S.A. v. Cigna

SA was a registered nurse. She suffered a traumatic brain injury as a result of a motor vehicle accident. Cigna terminated SA’s disability benefits even though all of SA’s treating brain specialists concurred she was unable to return to nursing. After filing suit, Rosen Moss Snyder LLP, was able to favorably resolve the case.

R.R. v. Prudential

RR suffered from a cognitive dysfunction and was unable to continue working as a CPA. Prudential terminated RR’s long term benefits based upon video surveillance of RR going into the office. After filing suit, Rosen Moss Snyder LLP, successfully argued that RR was not engaged in meaningful work activities even while at the office, and was able to favorably resolve the case.

D.P. v. Cigna

DP was in a serious automobile accident in which he suffered from a traumatic brain injury. Cigna terminated DP benefits based upon an IME, Rosen Moss Snyder LLP referred DP for neuropsychological testing, which along with DP’s orthopedic records established a total disability. DP’s claim was favorably resolved after filing suit.

T.S. v. Mutual of Omaha

TS suffered from a traumatic brain injury following a motor vehicle accident. TS suffered from residual profound depression. Mutual of Omaha terminated TS’s benefits based on a 24-month mental health limitation. After filing suit, Rosen Moss Snyder LLP was able to successfully argue that TS’s claim was not subject to a 24-month mental health limitation.


CANCER AND CANCER TREATMENT

K.G. (Prudential)

KG suffered from severe fatigue following several months of chemotherapy and radiation treatment. Prudential terminated KG’s claim and Rosen Moss Snyder LLP was able to present compelling evidence on appeal which allowed KG’s long term benefits to be reinstated.

L.N. v. Aetna

LN suffered from fatigue and cognition issues after three manifestations of breast cancer and resulting chemotherapy treatment. Rosen Moss Snyder LLP referred DP for neuropsychological testing, which along with LN’s oncology records established a total disability. LN’s claim was favorably resolved after filing suit.


CARDIAC CONDITIONS

K.G. (Prudential)

KG suffered from severe fatigue following several months of chemotherapy and radiation treatment. Prudential terminated KG’s claim and Rosen Moss Snyder LLP was able to present compelling evidence on appeal which allowed KG’s long term benefits to be reinstated.

L.N. v. Aetna

LN suffered from fatigue and cognition issues after three manifestations of breast cancer and resulting chemotherapy treatment. Rosen Moss Snyder LLP referred DP for neuropsychological testing, which along with LN’s oncology records established a total disability. LN’s claim was favorably resolved after filing suit.


CHRONIC LYME DISEASE / MULTIPLE CHEMICAL SENSITIVY

E.C. v. Cigna

EC suffered from Chronic Lyme Disease which resulted in severe fatigue. EC sought the care of a Lyme Specialist who placed EC on disability until EC was able to return to modified duties of his job after six months. Cigna denied EC’s claim. After filing suit, Rosen Moss Snyder LLP, was able to favorably resolve the case.

J.B. v. Cigna

JB, a resident of Hawaii, contracted Chronic Lyme Disease while vacationing in Pennsylvania. JB sought treatment with specialists on both the islands and the mainland United States. Notwithstanding, JB suffered from chronic fatigue and cognition issues and was unable to return to her occupation as an executive dining server. Cigna denied JB’s claim. After filing suit, Rosen Moss Snyder LLP, was able to favorably resolve the case.

J.F. v. Reliance Standard

JF suffered from multiple chemical sensitivity (MCS). Her symptoms triggered whenever she would leave her residence and thus was unable to continue working as a social worker. Reliance Standard terminated JF’s claim against the advice of her treating specialists. After filing suit, Rosen Moss Snyder LLP, was able to favorably resolve the case.


FIBROMYALGIA / CHRONIC FATIGUE

M.I v. Prudential

MI suffered from Hepatitis C which manifested in chronic fatigue. Prudential denied MI’s claim by arguing her condition was not disabling. After filing suit, Rosen Moss Snyder LLP, was able to favorably resolve the case.

K.S. (AIG)

KS suffered from severe fibromyalgia. She was unable to work and placed on disability by her treating rheumatologist. AIG denied the claim. Rosen Moss Snyder LLP was able to present compelling evidence on appeal which allowed KS’s long term benefits to be reinstated.

HS v. The Hartford

HS was disabled and treating for severe fibromyalgia for seven years when The Hartford terminated his disability claim. Though HS’s disability was affirmatively supported by his treating physicians, Hartford terminated the claim based on an IME and peer review report. After filing suit, Rosen Moss Snyder LLP, was able to favorably resolve the case.


NEUROLOGICAL DISORDERS

A.G. v. Cigna

AG suffered from intractable migraine headaches. She was on SSDI benefits. Cigna terminated AG’s benefits based on video surveillance which it was argued was not indicative of AG’s ability to engage in any type of full-time employment. After filing suit, Rosen Moss Snyder LLP, was able to favorably resolve the case.

D.J. (METLIFE)

DJ suffered from Multiple Sclerosis which manifested in severe fatigue. MetLife denied DJ’s long term disability benefits. In working with DJ’s treating neurologist and other specialists, Rosen Moss Snyder LLP argued that DJ was unable to perform her job. MetLife placed DJ back on claim and reinstated her benefits.

N.O. (Cigna)

NO suffered from Parkinson’s Syndrome. She was no longer able to do her job as an executive secretary. Cigna denied NO’s long term benefits based on a peer-review report. Rosen Moss Snyder LLP was able to successfully argue that NO’s neurologist was in a better position to assess NO’s claim and Cigna reinstated NO’s benefits.

E.P. v. Unum

EP was a funeral director. She suffered from severe CRPS. Unum terminated EP’s benefits based upon an IME and video surveillance. Rosen Moss Snyder LLP presented medical evidence from EP’s treating neurologist, rheumatologist, and primary care physician, and was successfully able to resolve EP’s case.

R.S. v. Liberty Mutual

RS was employed as an investment advisor. Following a severe fall, RS suffered from severe CRPS. Liberty Mutual terminated RS’s claim based primarily upon video surveillance. Following suit, Rosen Moss Snyder LLP was able to successfully resolve RS’s case.

K.S. v. Cigna

KS suffered from Chiari Malformation. She was disabled from returning to her pre-disability vocation as a registered nurse. Cigna terminated KS’s claim based upon its interpretation of a physician form. Following suit, Rosen Moss Snyder LLP was able to successfully resolve KS’s case.

L.W. v. The Hartford

LW suffered from severe and chronic migraine headaches. The Hartford terminated LW’s long term disability benefits based on undercover surveillance. Following suit, Rosen Moss Snyder LLP was able to successfully resolve LW’s case.


ORTHOPEDIC CONDITIONS

C.B. (Aetna)

CB suffered from a severe low back condition following failed surgery. Aetna terminated benefits against the opinions of CB’s treating physician. Following appeal, Aetna reinstated CB’s disability benefits and after being placed back on claim, Rosen Moss Snyder LLP, was able to favorably resolve the case.

M.C. v. Unum

MC suffered a catastrophic motorcycle accident. He suffered severe orthopedic and cognitive issues. In contravention of MC’s treating orthopedist and brain specialists, Unum terminated MC’s claim by alleging he was fully recovered to return to his regular occupation. After filing suit, Rosen Moss Snyder LLP, was able to favorably resolve the case.

K.D. (Cigna)

KD suffered from a severe bi-lateral shoulder condition which continued to cause him to be unable to perform his regular occupation. KD’s disability was supported by his treating orthopedist and other medical providers. Despite uncontroverted medical evidence, Cigna terminated KD’s disability benefits. Following appeal, Cigna reinstated KD’s disability benefits and placed him back on claim.

M.G. v. Cigna

MG was a registered nurse. She suffered from severe degenerative disc disease and was placed on disability by her treating physicians. MG was approved for SSDI benefits and was unable to work. Cigna terminated MG’s claim in contravention of the medical evidence. After filing suit, Rosen Moss Snyder LLP, was able to favorably resolve the case.

C.H. v. Prudential

CH suffered from chronic degenerative cervical disc disease. She had three unsuccessful neck surgeries. Prudential terminated CH’s disability benefits primarily based on its interpretation of a functional capacity evaluation (FCE). Rosen Moss Snyder LLP argued the FCE was not indicative of CH’s ability to return to any type of work. After filing suit, Rosen Moss Snyder LLP, was able to favorably resolve the case.

A.J. (Cigna)

AJ was a nuclear security guard. She suffered from an ongoing disability following low back surgery. Cigna terminated AJ’s benefits by alleging that her job was sedentary/light duty. Rosen Moss Snyder LLP argued that AJ’s job was a medium duty job due to lifting requirement and Cigna reinstated AJ’s claim and placed her back on benefits.

L.L. v. Cigna

LL was an executive chef. He was disabled due to severe osteoarthritis and spinal stenosis. Cigna terminated LL’s benefits by alleging he could return to a similar type job based on his experience. Rosen Moss Snyder LLP, successfully argued that the combination of LL’s disabilities, age, and past experience, did not enable him to return to any type of reasonable occupation. After filing suit, Rosen Moss Snyder LLP, was able to favorably resolve the case.

C.L v. Cigna

CL was an engineer. He suffered chronic low back pain following a lumbar fusion and was only able to return to part-time employment. Cigna terminated CL’s benefits based upon an IME report. Rosen Moss Snyder LLP, successfully argued that CL’s treating orthopedist was in a superior position than the IME physician to assess his patient’s work status. After filing suit, Rosen Moss Snyder LLP was able to favorably resolve the case.

D.M. (Cigna)

DM was placed on disability following a cervical fusion. Her treating orthopedist supported her disability status due to an inability to sit in a static position for an extended period. DM’s LTD benefits were cutoff following video surveillance of DM walking in her development. Rosen Moss Snyder LLP successfully argued that walking was not counter-indicative of DM’s disability and her benefits were reinstated.

D.M. v. Unum

DM was placed on disability following failed low back surgery. She was disabled from her own occupation as a teacher of children with special needs. Rosen Moss Snyder LLP successfully argued that Unum misclassified DM’s job as a light duty teaching job; as compared to a more accurate medium duty teaching job of special needs children.


PSYCHIATRIC AND MENTAL HEALTH TREATMENT

J.B. v. Prudential

JB was placed on disability after his spouse and father were both diagnosed with cancer. JB’s treating psychiatrist and psychologist supported his disability claim due to severe situational depression. Prudential denied coverage. After filing suit, Rosen Moss Snyder LLP, was able to favorably resolve the case.

G.K. v. Liberty Mutual

GK suffered from severe depression which manifested in an inability to perform his job as an insurance claims adjuster. Liberty denied GK’s long term disability claim by arguing GK’s disability was “job specific” and thus not a covered claim. Rosen Moss Snyder LLP, successfully argued that GK’s depression transcended his own job and he was disabled from returning to work at any type of similar occupation. After filing suit, Rosen Moss Snyder LLP, was able to favorably resolve the case.

K.M. (Principal)

KM suffer from depression that was triggered by her job. Principal denied her claim for short-term benefits. Rosen Moss Snyder LLP successfully argued that although KM’s job was a trigger for her depression, she was not able to work at her occupation as regularly performed.

M.Q. (Cigna)

MQ suffered from severe OCD and was no longer able to work as an executive assistant. Cigna denied long term benefits. Rosen Moss Snyder LLP referred MQ to a mental health specialist for comprehensive psychological testing and was able to compel Cigna to reinstate MQ’s disability benefits.


VISION CONDITIONS

A.C. v. The Standard

AC was a surgeon, and suffered from vision diseases made symptomatic by the aging process. The Standard denied AC’s claim for long term disability benefits. Rosen Moss Snyder LLP successfully argued that due to AC’s visual deficits, he was not able to perform the material and substantial duties of being an orthopedic surgeon.

P.M. v. Cigna

P.M. was legally blind in her right eye. Cigna approved her LTD claim and after several years of paying benefits offered PM a lump sum buyout. PM declined the proposal and then Cigna engaged in a vocational analysis and terminated PM’s long term benefits. Rosen Moss Snyder LLP successfully argued there was no change in PM’s vision and the termination of benefits was not proper.

E.P. v. The Hartford

EP suffered from blepharospasm which caused excessive blinking. The Hartford denied payment of LTD benefits based upon a peer review report. Rosen Moss Snyder LLP presented a medical report from EP’s treating neuro-vision specialist and successfully argued EP met the policy definition of disability.


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