A 44 year old New York man was referred to us by a colleague after Prudential, Northwestern Mutual Insurance and New York Life all wrongfully denied his disability benefits, despite his continued cognitive and physical challenges after suffering a significant bout of COVID. He had a highly successful career as a technician performing critical functions on a 24/7 basis, but COVID left him with significant physical and cognitive deficits. He was no longer able to work with the precision required to perform his occupation and had filed disability claims on his own.
His cognitive loss claim was not well developed, lacking the objective evidence insurance companies seek. Our first task was to get the objective evidence his claim warranted.
We decided that cognitive testing would be beneficial for this claimant and had our client secure appropriate testing to prove the nature and degree of cognitive challenges across a wide swath of important functions. The testing revealed deficits across numerous areas, including ability to multi-task, the ability to problem solve, the ability to communicate orally and in writing, the ability to understand complex concepts, the ability to analyze and make critical decisions and the ability to focus on details. Testing showed significant declines from expectations, across numerous work related functions.
Armed with this powerful objective evidence of impairment, we were able to prepare submissions to Prudential Disability, Northwestern Mutual Insurance and New York Life, focusing on the nature and severity of the cognitive problems and how they translated into his occupational requirements, and the time sensitive and detailed nature of his work.
We also researched and submitted a wealth of medical literature that addressed cognitive problems post COVID, and supported the issues revealed through our client’s testing. Along with further support from our client’s treating doctor, who was now equipped with further objective evidence to explain the clinical findings and subjective support, and with our client’s personal statement explaining his story and sharing how his life was altered due to his condition, we were able to convince all three of the insurance companies to accept liability and reverse the prior determinations.
Prudential, Northwestern Mutual Insurance and New York Life are now paying our client’s long term disability benefits and he can focus on his health and improving his quality of life.