“David” was a senior chemist at a chemical company. David suffered from HIV and the side effects of his medications including diarrhea, fatigue and cognitive problems. Despite the support of his treating physician, the insurance company denied his claim on the ground that there was no “objective” proof that he was disabled from his “sedentary” occupation. The insurance company also asserted that David “only” had HIV and not AIDS.
David was referred to Riemer Hess by his financial advisor. In preparation for his appeal, the Firm sent David for neuropsychological testing in order to quantify his cognitive deficits. We also gathered substantial medical literature documenting the disabling symptoms of HIV and its required medications. Lastly, we gathered proof from David’s colleagues establishing that David’s position was not at all sedentary.
David worked at a chemical plant and constantly had to climb ladders and use heavy equipment. Moreover, his occupation required significant cognitive abilities. Upon receiving Riemer Hess's detailed and thorough appeal, the insurance company reversed itself, paid David all past benefits owed, and placed David on full long term disability benefits.
David continues to receive benefits without interruption.
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Jennifer Hess
Jennifer Hess is a Partner at Riemer Hess LLC, a New York City-based law firm dedicated exclusively to long term disability insurance and ERISA disability claims. She represents professionals, executives, physicians, attorneys, and other individuals in disability insurance claims, appeals, and litigation. Jennifer regularly writes and speaks on disability insurance law and has authored multiple publications on disability claims and ERISA litigation.
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