Our client for this short term disability claim, a Fairfax County high school special education teacher, was eligible for short-term disability benefits funded by Fairfax County but managed by Liberty Mutual.
Despite multiple instances of unexplained fainting and “blacking out” spells, numbness in extremities and fevers, our client was denied short-term disability benefits for her job. This decision by Liberty Mutual was based on the detail that her physicians would not assign a definitive diagnosis to explain her condition.
Our Primary Argument:
- Liberty Mutual did not dispute the fact that our client suffered from the blackout spells
- Our client’s job duties included physical requirements
- Our client’s job duties required driving to different classroom locations, which her doctor said she was unable to do due to the inherently dangerous nature of unpredictable blackout spells while driving
- Our client’s job duties of lifting and supervising students were made incredibly dangerous by the possibility of a fainting spell
- Cannot safely be in front of a classroom of special needs teenagers
After a successful short term disability claim, our client is now eligible to receive $1,279,508 in expected lifetime value of monthly benefits.