Major Litigation Victory: Riemer Hess Prevails in Chung v. Provident

Riemer Hess is proud to announce a major litigation victory in the case of Chung v. Provident Life and Casualty Insurance Company.  The Honorable Alvin Hellerstein, an esteemed District Judge in the Southern District of New York, ruled in favor of Plaintiff, awarding him $818,865.98 in total disability benefits dating back to his date of disability, along with interest in the amount of $114,332.90, costs of $681.63, and approximately $375,000 in attorneys’ fees.  The outcome represents a total win for our client.

If you are dealing with radiculopathy and struggling to keep up with sitting, standing, or using your hands consistently throughout the workday, the issue is usually not the diagnosis itself—it is whether your symptoms prevent you from sustaining your job on a full-time basis.

Radiculopathy claims are often denied even when imaging confirms nerve compression. Insurers frequently argue that a claimant can perform sedentary work, without fully accounting for pain, positional limitations, or the inability to maintain activity over time.

This page explains when radiculopathy can qualify for long term disability benefits, what evidence matters most, and why these claims are often challenged.

Spinal stenosis is common, especially as people get older. Because of that, insurance companies often scrutinize these claims closely. An insurer may argue that spinal stenosis is a normal age-related finding, that many people have similar MRI results, or that the condition should not prevent someone from working.

For a long term disability claim, the issue is usually not simply whether imaging shows spinal stenosis. The more important issue is whether the condition causes symptoms and functional limitations that prevent the person from performing the material duties of the occupation on a reliable, full-time basis.

That distinction matters. A person may be able to sit through dinner, drive short distances, or walk around the house, but still be unable to commute, sit through a full workday, attend long meetings, travel, or maintain focus while dealing with pain, numbness, weakness, or medication side effects.

Back problems are one of the most frequent reasons that people seek to file a disability claim. For those with degenerative disc disease, you already know how debilitating the pain can be – oftentimes to the point of being unable to work.

If you find that you are unable to continue working due to degenerative disc disease, you may be considering filing for long term disability. However, a simple claim of back pain alone won’t be sufficient basis for a claim with your insurance company.

Below we’ll outline what is needed when filing for long term disability for degenerative disc disease.

Neck and back injuries can significantly diminish mobility and cause excruciating pain. A back or neck injury can be the result of work or recreational activities, disease, a fall or other accident, or a degenerative disorder. Back and neck pain is one of the most common reasons why claimants file for long term disability insurance benefits. Insurers routinely deny back and neck pain claims for lack of objective evidence.