Podiatrist with median nerve injury files lawsuit and obtains lump-sum buyout of disability policy
Dr. C, a podiatrist / podiatric surgeon, was successfully practicing in Texas prior to the injury which caused his disability. During a routine blood draw, the phlebotomist taking Dr. C’s blood sample mistakenly injected the needle too deep into Dr. C’s right arm. Dr. C immediately felt shooting and burning pain radiating down his right arm and into his hand. In the weeks that followed, Dr. C experienced severe burning and tingling in his right arm. Dr. C consulted with a colleague in the hospital, a hand specialist, who explained that it was likely that the phlebotomist had injured his median nerve during the blood draw. The hand specialist advised Dr. C that if his symptoms did not resolve within a few weeks to come back and see him.
The pain, numbness, tingling and paresthesia which Dr. C was experiencing in his right hand did not resolve and although he had continued working as best he could, his symptoms began affecting his ability to perform his core procedures as a podiatrist / podiatric surgeon. In the hopes that his symptoms would resolve with time, Dr. C decided to take a leave of absence and initiate a claim with his long-term disability insurance carrier.
After submitting his long-term disability claim, Dr. C’s disability insurance company began their investigation. The disability carrier took him through the usual steps of requesting Dr. C’s medical records, tax returns, personal and business financial records, CPT codes and a volume of other relevant and non-relevant items. The disability insurance company even sent Dr. C to an independent medical examination (IME) with a neurologist, which the insurance company selected to examine Dr. C’s hand. The insurance company’s hired doctor determined that, given the requirements of Dr. C’s occupation as a podiatrist, Dr. C would be limited from performing his occupational duties, including his ability to perform fine motor tasks such as handling surgical instruments that would require prolonged use of his right hand. Shortly following the IME, the disability carrier began paying Dr. C’s disability benefits.
The disability carrier paid Dr. C’s disability benefits for almost two years before they decided to send Dr. C to a second IME with an orthopedic hand surgeon. After a brief examination the second IME opined that although Dr. C likely sustained an injury to his median nerve his complaints were only subjective and therefore they should not restrict him from performing his duties as a podiatrist. After receiving the opinion from the second IME the disability insurance carrier terminated Dr. C’s claim for disability benefits.
After receiving his denial letter, Dr. C retained Dell Disability Lawyers to represent him. Dr. C’s attorneys, Gregory Dell and Cesar Gavidia promptly filed suit for breach of contract against the disability insurance company in state court. Shortly after participating in extensive discovery and subpoenaing volumes of documentation from the disability insurance company, which included every document which the disability insurance company produced in connection with Dr. C’s claim for benefits, including the insurance company’s underwriting and application file, the insurance company settled with Dr. C. for a lump-sum buyout of his disability insurance policy.
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Our clients include all types of employees ranging from retail associates, sales representatives, government employees, police officers, teachers, janitors, nurses, pilots, truck drivers, financial advisors, doctors, dentists, veterinarians, lawyers, consultants, IT professionals, engineers, professional athletes, business owners, and high level executives.
A strong understanding and presentation of the duties of your occupation is essential for securing disability insurance benefits.
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Since we represent disability insurance claimants at different stages of a disability insurance claim we offer a variety of different fee options. We understand that claimants living on disability insurance benefits have a limited source of income; therefore we always try to work with the claimant to make our attorney fees as affordable as possible.
The three available fee options are a contingency fee agreement (no attorney fee or cost unless we make a recovery), hourly fee or fixed flat rate.
In every case we provide each client with a written fee agreement detailing the terms and conditions. We always offer a free initial phone consultation and we appreciate the opportunity to work with you in obtaining payment of your disability insurance benefits.
Do I have to come to your office to work with your law firm?
No. For purposes of efficiency and to reduce expenses for our clients we have found that 99% of our clients prefer to communicate via phone, email, fax, or video conferencing sessions. If you prefer an initial in-person meeting please let us know. A disability company will never require you to come to their office and similarly we are set up so that we handle your entire claim without the need for you to come to our office.
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When you call us during normal business hours you will immediately speak with a disability insurance attorney. We can be reached at 800-698-9159 or by email. Lawyers and staff must return all client calls same day. Client emails are usually replied to within the same business day and seem to be the preferred and most efficient method of communication for most clients.