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E.J. v. Liberty Life Assurance Company of Boston

“Friendly and courteous staff. Kept us informed throughout the process by phone calls and through email. Ensured copies of communication was sent as well. Thank you for all of your help through this process.” - E.J.

Ashland, Kentucky

Our client worked as a pharmacist for Wal-Mart. Through her employment, she was insured under a long-term disability insurance policy issued by Liberty Life Assurance Company of Boston (Liberty). The disability insurance policy promised to provide our client with monthly income if she became unable to perform the duties of her job on a full-time basis – a disability.

While insured by Liberty, our client began to suffer from the debilitating effects of encephalopathy, autonomic dysfunction, chronic fatigue, and Lyme disease. The co-morbid (combined) effect of these conditions made it physically impossible for our client to continue working full-time as a pharmacist.

Prior to retaining Grabhorn Law, with the supporting medical evidence from her treating physicians, our client filed a claim with Liberty seeking her long-term disability insurance benefits. However, Liberty denied her claim. In denying her claim for long term disability insurance benefits, Liberty misstated her medical records, relied on the opinion of a third-party medical record reviewer who never saw or spoke with our client, ignored the surveillance Liberty ordered that supported our client’s inability to engage in full-time employment, and disregarded the objective findings from her treating physicians.

She then contacted Grabhorn Law for assistance with her appeal. Grabhorn Law worked with her and her physicians to obtain additional medical evidence supporting her claim for long-term disability insurance benefits – her inability to perform the material duties of a pharmacist on a full-time basis. In addition, Grabhorn Law also identified the flaws with Liberty’s claim denial.

Based on the appeal prepared by Grabhorn Law, Liberty reversed its decision, agreed our client was disabled under the insurance policy from performing the full-time duties as a pharmacist, and granted her retroactive and ongoing long-term disability insurance benefits.