C-Suite Disability Insurance Claims – CEO, CFO, CIO, CMO

We have helped disabled people of all occupations, including company leaders at the C-suite level. When disability occurs, due to sickness or an injury, the last thing on your mind should be having to battle your disability insurance company for long term disability insurance benefits.  At Newfield Law Group, we handle these issues for our clients so they can focus on their health.  Just as every occupation is different, every disability insurance claim is different. However, all disability insurance claims need an approach and focus to prove the claim upon what the insured claimant cannot do as a result of their condition – and what supports their claim for benefits.

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C-Suite executives carry important roles and often have stressful occupations, and typically are travelling often.  These important work duties will often by impacted by an array of medical conditions.  Clients have suffered cardiac impairments and needed to stop travel as an important medical restriction supported by their cardiologist. Other clients have suffered mental health claims due to the stress and pressures of the work. Supported by their mental health providers, we have navigated these claims for many clients.

Some of our clients who have been involved in the purchase of the disability insurance coverage never expected they themselves would go through this process, or that their disability claim would be denied.

One of our clients, a CEO, suffered from Chronic Fatigue Syndrome (CFS) and fibromyalgia in his late 30’s. He spent more than fourteen years fighting heroically to continue working despite these issues. When at last he did file a claim for disability benefits, his group disability insurance company, and his ERISA policy with Aetna, used his history of continuing to work against him. The disability insurance companies declared he could continue to work, despite the deterioration of his health.  His claim was denied, and he worked directly with Jason Newfield, Esq., to secure his justly due benefits. 

We were able to demonstrate that the cumulative effects of his conditions over time had simply become too much, despite his resolve to continue working and the use of numerous medical modalities to try to achieve some level of relief from his constant pain and fatigue.  Because these conditions are not readily apparent from looking at him, it is challenging to convey the depth of his difficulties. 

Chronic Fatigue Syndrome and Fibromyalgia were not his only medical conditions which impacted him. He also suffered from muscle twitching and severe muscle spasms, sleep problems (insomnia, non-restorative sleep), headaches, and costochondritis (rib pain).   His chronic widespread pain from the Fibromyalgia, severe fatigue, and the cognitive side effects of his medications all impacted upon his functionality and stripped him of his ability to do things consistently or predictably.

Should he have filed when he first was impaired? It probably would have been an easier claim at that time. But he loved his career, his job, and the people, and it afforded a comfortable lifestyle for his family, and he was good at it.  

As Chief Executive Officer for a large retail furniture store, our client was responsible for directing and coordinating all financial affairs, negotiating contracts, preparing and analyzing budgets and preparing reports outlining the company’s financial position in areas of income, expenses, and earnings based on past, present and future operation, as well as all corporate responsibilities.  It was an always on job – and one that could not effectively be performed with his array of conditions.  This position required strong cognitive and mathematical skills and a high level of performance and management abilities.  

In its adversarial approach to the claim, Aetna relied upon some cognitive testing to allege he was malingering and failed to properly consider his cognitive impairments.

We developed an aggressive attack that brought together reports from many of his health care providers – who all were supportive of his claim and his credibility. This included his therapists, who provided their first-hand observations of deteriorating cognitive and memory skills. Our client was able to share important anecdotes to support the medical impairments identified.   With this approach, we were successful in getting our client’s claim reinstated, and secure benefits that he should have received when the claim was initially filed. 

While all claims are different and unique, the approach taken to succeed for our clients remains tried and true over two decades.  We collaborate with our clients and their doctors to develop the support, through testing and other methods, to demonstrate impairment and how and why our clients’ medical conditions render them disabled. 

How Can You Protect Yourself At Claim Time?

Before you intend to file a claim, you should understand and appreciate what your coverage provides, what limitations, if any, may exist, to consider any concerns you might have with the claim, and to see how best to pursue the claim process.  We invite you to call Newfield Law Group for a free, no-obligation consultation.   We are a national firm, based in New York.  During our conversation, we will be able to give you information about your claim, the insurance company and what your options are to combat the disability insurance company in their effort to deny or terminate your claim.

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