Kantor and Kantor recently obtained long-term disability benefits for a client with multiple sclerosis. He worked with the disease as an executive for a number of years, but slowly his illness progressed, and he struggled to continue working.
He developed cognitive issues which became progressively worse, causing him to have difficulty making decisions, trouble organizing and processing information, and problems with quickly recalling information.
Sadly, the client was terminated from his job because of the worsening cognitive problems.
After being terminated, the client applied for long-term disability benefits but was denied by the insurer. The insurer argued that the client was no longer covered under his employer’s long-term disability plan because his employment had been terminated by the employer before the claim for disability benefits had been submitted. We provided proof that the client had been struggling to fulfill his duties at work due to his disabling condition before his employment was terminated.
We argued to the insurer that because the client was terminated, because he was unable to perform his job, due to his multiple sclerosis symptoms, he was disabled before his coverage ended and was therefore entitled to benefits. We also provided evidence of the extent of his cognitive limitations and an explanation of how these limitations impacted his ability to fulfill the intellectual duties of his job.
For example, his difficulty making decisions meant he wasted huge amounts of time researching and ruminating on problems without coming up with solutions. This made him ineffective and unproductive.
After many months of fighting with the insurer, we successfully proved the client was unable to perform his job duties and the insurer paid him all the benefits due to him. We are proud of the result and happy the client finally got what he was entitled to receive.
At Kantor & Kantor, LLP, we strive to listen and understand what our clients are going through. We will take on the fight to get them paid the benefits they are entitled to receive.
