Watch our video to learn about the importance of medical documentation to support any disability insurance claim. Disability attorneys Gregory Dell and Alex Palamara discuss how Mr. Palamara won long term disability benefits for his client on administrative appeal to Mutual of Omaha. The case demonstrates the importance of having comprehensive medical documentation of how the diagnosis affects the claimant’s ability to work.
This client suffered from lupus, COPD, fibromyalgia, spinal stenosis, and emphysema. Even so, his claim for disability benefits was denied after his medical records were reviewed by a nurse.

On appeal, as much objective documentation as possible of his medical condition was submitted, including a functional capacity evaluation (FCE) that proved he was unable to work in his sedentary job. Mutual of Omaha then approved him for long term disability benefits. The catch is that the company determined he was disabled from a mental condition, something he had never alleged. Disability benefits on these grounds are only good for 24 months.

During the time the claimant receives LTD benefits from a mental condition, he will need to be sure he provides his treating physician with all his medical complaints. All possible objective tests that are relevant, including MRIs and CT scans, X-rays, and FCEs, will be submitted.

It is a good idea for patients to give the treating doctor a written statement of all their symptoms and ask that it be attached to the medical records so that on review, the insurance company cannot say there is no documentation of how the claimant is suffering from the physically disabling condition. If you find yourself in a similar situation with your disability insurance carrier, please contact Attorneys Dell & Schaefer for a Free Consultation.