Client with Chemobrain Successful on ERISA Appeal

Our office was recently successful in an appeal submitted to Life Insurance Company of North America (“LINA”) on behalf of a gentleman suffering with chemotherapy-related cognitive impairment, commonly referred to as “chemobrain.”  In this ERISA-governed case, our client (a former high-level executive) was diagnosed with cancer; as part of his treatment, chemotherapy was administered.  While the treatment was successful with respect to combating his cancer, it resulted in damage to certain cells in the brain, which ultimately resulted in decreased cognitive functioning.  While his physical function remained largely intact, his cognitive deficiencies prevent him from performing the highly complex duties required of his previous job. 

This is not the first case we have handled on behalf of an individual suffering with chemobrain.  We were successful several years ago in convincing another insurer, MetLife, to approve a client’s claim based on this chemotherapy-related cognitive impairment.  In both cases, a thorough neuropsychological evaluation was helpful in establishing the individual’s decreased cognitive abilities. 

Cognitive impairment, whether related to chemobrain, traumatic brain injury, or another condition can certainly be disabling, even if physical function is not affected.  We have handled numerous cases for clients suffering with decreased cognition.  If you need assistance with a long-term disability claim arising from a change in your mental abilities, please call the Law Office of Shawn E. McDermott.