FPL Lineman Wins Lincoln Disability Denial Appeal
Lincoln Life Assurance Company of Boston improperly denied our client’s long-term disability benefits. Prior to filing for disability, our client was employed as a Line Specialist-Early for FPL (Nextera Energy, Inc.). According to the Position Summary, the material and substantial duties of his occupation include but are not limited to:
Position Summary: A Line Specialist-Early is expected to repair electrical power lines from a point beyond a substation to the point of contact of the customer’s location, either residential or commercial. A Line Specialist-Early may work alone or as a member of a crew of workers, and may be required to supervise a lower classification such as a ground worker, apprentice, or helper without direct supervisor of a higher level classification. Employee will be expected to safely perform all associated tasks with the construction, maintenance and restoration of all overhead and underground facilities (excluding vaults, manholes and hot compounds). Employee must be able to troubleshoot and repair all distribution and transmission circuits and equipment and prepare all associated paperwork. Employee is responsible for making sure that all jobs assigned are worked in accordance with Company design standards and work methods. Employee may be required to work extended hours in inclement weather, and may be required to travel throughout the electrical system in cases of emergencies and storms, to restore the electrical system. Employee may initiate cut-off of power by de-energizing cables and isolating the section of power lines to be repaired or transferred. This work includes the transfer of power lines and equipment such as transformers, insulators, street lights, etc from damaged, broken and/or rotted poles using climbing gaffs, ladders and/or bucket trucks. Employee may string new cable to stabilize the pole and secure to the ground using pick, shovels and/or other implements as necessary. Employee may cut poles to correct height using chain saws. Employee may locate and be responsible to set poles using boom truck. Employee completes appropriate paperwork prior to and following the completion of each job. Employee re-connects cables and may splice cables together to restore power to customers. Employee may be required to work on energized cables.
The claimant became disabled in 2019 from injuries he sustained in a work-related motor vehicle accident. He was initially evaluated at IRMC Walk-in Care Center-Sebastian on October 17, 2019, at which time he was assigned medically necessary restrictions and limitations that would preclude his ability to continue performing his safety sensitive and physically demanding occupation. These restrictions and limitations were subsequently endorsed by Mr. the claimant’s workers compensation physicians, upon their examinations. In an office note dated November 20, 2019, The claimants doctor confirmed his severe symptoms of cervical spine pain, right shoulder pain, and lumbar spine pain attributable to diagnoses of cervical spondylosis, strain of neck muscle, strain of lumbar region, and impingement syndrome of right shoulder. He recommended the claimant be placed on light duty work status with no overhead lifting. It was evident that the claimant was disabled and no longer capable of meeting the demands of his physical occupation. Unfortunately, Lincoln by letter dated December 10, 2020, unjustly denied his long term disability claim unreasonably asserting that he failed to submit proof of disability. However, the medical evidence in Lincoln’s claim file clearly substantiated his disability, but Lincoln was blatantly ignoring such information. The claimant reached out to Dell Disability Lawyers to help him appeal the unjust termination of his benefits.
Before he was injured, he was earning a six figure salary and worked for over four decades doing a job he loved. The job required physical manpower and hard labor. After his accident he could no longer perform his job duties. His life changed drastically and now lives with severe pain every day. He is unable to perform simple daily activities that he used to enjoy. He can no longer play with his grandkids, stand for extended periods, sit for long periods and help around his home.
During the appeals process, Dell Disability Lawyers provided medical documentation from his treating doctors that included letter and additional medical testing that further demonstrated that the claimant has (and continues to have) a severe physical impairment that precludes his ability to perform the material and substantial duties of his physically demanding occupation as a Line Specialist. The additional documentation responded to Lincoln’s request for further medical records and further pointed out all of the medical records already contained in the claimant’s file that already supported his inability to work in his occupation that Lincoln refused to acknowledge.
The claimant’s treating doctors all clearly stated that he was not able to do any overhead lifting, could not work at heights, could not lift over 20lbs all job duties that were required in his occupation as a Line-Specialist. After reviewing the appeal Lincoln determined that the decision to terminated the claimants benefits was incorrect and reversed its decision paying him back pay and putting him back on claim. Dell Disability Lawyers will continue to manage his claim to help ensure Lincoln will not unjustly cut him off again.
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I’m extremely satisfied with the experience I have had with this firm from day one. The lawyer who has handled my case, Alex, is very efficient and attentive to all my questions and concerns. They are always aware of how my case has gone and they care about my health. I feel optimistic with them because they are very attentive during the process of my claim. I would not hesitate to recommend families and friends if in any situation they need their services. Kathleen as well has been very well and assisted me with this case. I highly appreciate everything they have done for me.
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Without them my LTD company was dropping my plan with me still suffering from my accident, even with doctor’s statements I’m still disabled. The LTD company didn’t want to advance my policy to the next stage of years of pay. Dell Disability Lawyers saved my policy, and helped to enforce the LTD company’s own policy (for its policy holder, me) that I would be covered still under the LTD policy I had paid for at my previous job, when my accident occurred. These lawyers know what they are doing and can help you too. LTD companies will try to drop you when you still need coverage just because they don’t want to pay on your policy anymore. Don’t let them break contract with ya because they are trying to get out of it. Hit em with legal action to ensure the continuation of your policy you paid for. Dell Disability worked very well for me and continue to do so.
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This law firm is the best so far. MetLife denied me two times, they appealed two times for me and they won of course. So if you are on disability and want a chance at winning your case use this firm Dell disability lawyers, kind courteous understanding and they get the job done. You won’t be disappointed.