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Blog - ERISA and Disability Rights and Benefits - Alabama - The Martin Law Group, LLC

Malignant Brain Tumor? You Can Still Work [Video]

Posted by David P. Martin | Jan 22, 2019 | 0 Comments

Financial decisions can become even more difficult when you are fighting to simply survive. Read how we help our clients maintain perspective and make the right decisions in the face of such difficult times.

Geoffrey, a scientist working with fish and wildlife, found himself with the fight of his life with an anaplastic brain tumor. A surgical biopsy showed that it was malignant. Being the father of a young boy, and not too old himself, he had a lot to live for. A craniotomy with radiation therapy and chemotherapy followed. He had developed short-term memory problems, irritability, and problems making decisions. After six months of treatment, the insurance company believed that he could go back to work. Though the prospect of his survival had increased, none of his physical problems had resolved. So, just because he might live, he should no longer be entitled to disability benefits?

The insurance company threated to terminate his benefits. Geoffrey hired us. We resisted the insurance company's efforts with strong and significant evidence and arguments. The insurer offered him a two-year settlement. Geoffrey believed they would cut off his benefits if he did not take their offer. Given his circumstances and his doctor's prognosis that he would live at least five years, we didn't think that the settlement was fair and recommended that he not take it. He didn't, and the insurer never cancelled his claim.

Insurers often act unfairly, even with life threatening situations. It is sad to see people experience the worst physical afflictions and also have to worry about whether they will survive financially because their disability carrier may refuse to continue paying. We help our clients maintain perspective and make the right decisions.

About the Author

David P. Martin

Senior & Managing Attorney

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