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Riemer Hess has extensive experience representing professionals and executives whose ability to work has been affected by traumatic brain injuries (TBI), strokes, brain aneurysms, brain tumors, and other complex neurological conditions.
Our attorneys have handled more than 100 TBI long term disability matters, in addition to numerous claims involving other brain injuries and neurological disorders. Our experience includes successful initial claims, administrative appeals, negotiated settlements, ongoing benefit protection, and federal court litigation.
We represent disability insurance claimants and plaintiffs nationwide, never insurance companies.
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Our Experience With TBI, Brain Injuries, and Neurological Conditions
Brain injuries and neurological disorders can create substantial obstacles to continued employment, particularly for professionals and executives whose occupations require sustained concentration, complex decision-making, and high levels of cognitive performance.
Our firm's experience includes long term disability claims involving:
- Traumatic Brain Injury (TBI): Injuries resulting from falls, motor vehicle accidents, and other traumatic events, including mild, moderate, and severe TBI.
- Post-Concussion Syndrome: Persistent cognitive, physical, and neurological symptoms following a concussion, even when conventional imaging appears normal.
- Stroke: Ischemic and hemorrhagic strokes resulting in cognitive impairment, neurological deficits, physical limitations, or reduced stamina.
- Brain Aneurysms: Ruptured and unruptured aneurysms, including claims involving subarachnoid hemorrhage, surgical complications, and lasting neurological impairments.
- Brain Tumors: Benign and malignant brain tumors, including limitations caused by the tumor, surgery, radiation, chemotherapy, or other treatment.
- Other Complex Neurological Conditions: Conditions affecting memory, executive functioning, processing speed, concentration, balance, coordination, and the ability to sustain professional work.
These conditions can produce symptoms that are difficult to measure through conventional medical testing. Individuals may appear physically recovered or function relatively independently in daily life while continuing to experience limitations that prevent them from performing the demands of their occupations.
Our attorneys understand these distinctions and work to ensure that disability insurers appropriately evaluate the full occupational impact of neurological injuries and conditions.
Successful Claims, Appeals, and Pre-Litigation Resolutions
While our firm has substantial federal litigation experience, many of our brain injury and neurological disability matters are successfully resolved without a lawsuit.
We have represented numerous clients in obtaining initial long term disability approvals, overturning insurer denials through administrative appeals, protecting ongoing benefits, and negotiating favorable settlements before litigation becomes necessary.
These matters frequently involve complex medical and occupational questions. For example, a corporate executive recovering from a stroke may remain physically capable of performing everyday activities but struggle with the cognitive demands of executive leadership. Similarly, an attorney with a traumatic brain injury may experience impaired concentration, slowed processing speed, and cognitive fatigue that prevent sustained legal analysis, even when routine neurological examinations show relatively normal results.
We focus on developing evidence that explains these limitations in the context of each client's actual occupation.
Many of our successful claims, appeals, and pre-litigation settlements are confidential. As a result, our publicly available federal litigation record represents only a portion of our firm's experience with brain injury and neurological disability claims.
Representative Federal Court Experience
Riemer Hess has litigated numerous federal court cases involving traumatic brain injuries, acquired brain injuries, brain tumors, and related neurological conditions.
Our representative federal litigation experience includes:
- Marino v. CIGNA Life Insurance Company of New York, No. 18-cv-03122 (2018)
- Betancourt v. Reliance Standard Life Insurance Company, No. 20-cv-04995 (2020)
- Schuyler v. Sun Life Assurance Company of Canada, No. 20-cv-10905 (2020)
- Israel v. Unum Life Insurance Company of America, No. 21-cv-04335 (2021)
- Rhodes v. First Reliance Standard Life Insurance Company, No. 22-cv-05264 (2022)
- Quigley v. Unum Life Insurance Company of America, No. 22-cv-05906 (2022)
- Wudke v. The Lincoln National Life Insurance Company, No. 23-cv-03010 (2023)
- Wanger v. Unum Life Insurance Company of America, No. 24-cv-06687 (2024)
- Terzulli v. Prudential Insurance Company of America, No. 25-cv-01913 (2025)
These cases illustrate the breadth of our experience representing individuals with neurological injuries and conditions in disputes against major disability insurance carriers.
Our federal litigation practice also informs our approach to claims and appeals. We understand how insurers evaluate medical evidence, the importance of developing a complete administrative record, and the legal issues that may become critical if a claim proceeds to federal court.
We approach each matter with an individualized strategy focused on the client's medical condition, occupational responsibilities, insurance policy, and long term interests.
Understanding the Unique Challenges of Brain Injury Disability Claims
Brain injury and neurological disability claims often require more than proof of a diagnosis. Insurers may acknowledge that an individual experienced a traumatic brain injury, stroke, or brain tumor while disputing whether the resulting limitations prevent that person from working.
These disputes may involve cognitive fatigue, reduced processing speed, memory impairment, executive dysfunction, headaches, dizziness, visual disturbances, and other symptoms that affect the ability to work reliably and consistently.
Our attorneys recognize that the ability to complete isolated tasks does not necessarily establish the ability to perform demanding professional work throughout a full workday and workweek.
Depending on the circumstances, we work with treating neurologists, neuropsychologists, rehabilitation specialists, and vocational experts to help document these limitations and explain their occupational significance.
We also understand the policy provisions and legal issues that frequently arise in neurological disability claims, including mental illness limitations, changes in the definition of disability, disputes over objective medical evidence, and insurer assessments of a claimant's functional capacity.
Our goal is to develop a clear, well-supported record that accurately reflects the client's limitations and addresses the applicable disability policy requirements.
BIAA Preferred Attorneys and Published Experience
Riemer Hess participates in the Brain Injury Association of America's (BIAA) Preferred Attorneys Program, which helps individuals and families affected by brain injury identify legal professionals with relevant experience.
Our attorneys also contribute to professional education concerning traumatic brain injuries and disability insurance.
Riemer Hess Partners Scott Riemer and Jennifer Hess authored A Personal Injury Attorney's Guide to TBI LTD Claims: Traumatic Brain Injury in Long Term Disability Claims — Strategies for Success (2024). This publication provides guidance to personal injury attorneys on identifying and addressing long term disability insurance issues affecting clients with traumatic brain injuries.
Jennifer Hess also authored Tackling Disability Defenses in TBI Cases, published in the July 2024 issue of TRIAL magazine by the American Association for Justice (AAJ). The article discusses the medical, occupational, and legal challenges that arise in TBI disability insurance matters.
These publications reflect our firm's commitment to educating attorneys and improving the understanding of disability insurance issues affecting individuals with brain injuries.
Additional Resources for Brain Injury Disability Claims
Our Traumatic Brain Injury Disability Claim Center provides additional educational resources for individuals and families navigating TBI long term disability claims.
The Center addresses the disability claims process, relevant medical evidence, common insurer objections, administrative appeals, and other issues that can affect eligibility for benefits.
Speak With Our Brain Injury Disability Attorneys
If you are unable to work because of a traumatic brain injury, stroke, brain aneurysm, brain tumor, or another neurological condition, Riemer Hess can help you understand your disability insurance options.
Our attorneys represent professionals and executives nationwide in initial long term disability claims, administrative appeals, ongoing benefit protection, negotiated settlements, and federal litigation.
Schedule a Consultation or call 212-297-0700 to discuss your circumstances.
Our representative matters illustrate the types of cases our firm has handled. Each disability insurance claim depends on its individual facts, medical evidence, and applicable policy provisions. Past results do not guarantee future outcomes. This information is provided for educational purposes and does not constitute legal advice.
