Arizona Man Receives Benefits Through Federal Lawsuit
Walker & Hern filed a lawsuit in Federal Court under the Employee Retirement Income Security Act. As a result, the client received long-term disability benefits.
An engineer in Arizona became totally disabled after a 20-year battle with spinal problems. He underwent a lumbar and cervical fusions, as well as nerve conduction studies that documented severe motor and sensory polyneuropathy and bilateral S1 radiculopathy. A functional capacity evaluation found that he is unable to perform almost any tasks at all, including the inability to perform even sedentary work. He demonstrated a poor quality of movement and pace of activity. He required frequent changes, hand support, and short rest periods while sitting due to spinal weakness and limited endurance without spinal support. When he progressed from one task to another, his heart increased from 80 to 120 beats per minute. He was found to have low to below average manipulative and coordination skills, poor balance for narrow-based ambulation and inability to perform floor activities. An independent medical examination was also performed after the doctor reviewed the functional capacity examination. The doctor found that our client had significant functional limitations due to his cervical and lumbar disc disease and operative fusions along with chronic pain syndrome. Ignoring the results of the functional capacity examination and independent medical examination, the insurance company denied his claim for benefits. In fact, in its letter denying benefits, the insurance company misquoted the functional capacity examination and independent medical examination as concluding that he was not disabled and could work. Assuming that this was a typographical error, the client decidied not to hire a lawyer, and submitted an appeal without the assistance of a legal professional. The insurance company upheld its decision to deny benefits, and the client turned to Walker & Hern for help. Walker & Hern filed a lawsuit in Federal Court under the Employee Retirement Income Security Act. As a result, the client received long-term disability benefits. Testimonials found on this website are actual client reviews of Walker & Hern. We appreciate our clients and their willingness to share their experiences. Please keep in mind that the success of any legal matter depends on the unique circumstances of each case: we cannot guarantee particular results for future clients based on successes we have achieved in past legal matters.