Victory Over Lincoln: Overturning an Improper LTD Termination for a Facilities Management Professional

The Law Office of Justin C. Frankel, P.C. successfully overturned Lincoln’s termination of a client’s long term disability (LTD) claim and secured approval of the Life Waiver of Premium (LWOP) claim. The case involved a senior facilities/program management professional whose LTD benefits were unexpectedly terminated by Lincoln. Our appeal reframed the claim around objective function and safety, demonstrating that the client’s medical profile and occupational demands could not be reconciled with sustained, full time work—even at the sedentary level.

The appeal contained hard clinical anchors, findings that reflected severe, irreversible restrictions and limitations, incompatible with reliable attendance, pace, and communication in any competitive setting. The appeal outlined all co-contributing conditions which resulted in progressive fatigue, cognitive inefficiencies and pain.

Our appeal included the results of independent neurocognitive testing which documented visuospatial and memory deficits, slowed processing, impaired executive function, and reduced cognitive endurance, converging on the conclusion that the client could not sustain competitive employment.

We also demonstrated serious procedural and vocational flaws in Lincoln’s review. Lincoln relied on a paper only consultant retained through Emperion (formerly GENEX), conducted no in person examination, and produced a transferable skills analysis that leaned on the outdated DOT while overlooking non exertional demands, continuous executive level decision making, sustained concentration, reliable attendance, and high frequency communication that define the occupation as performed in the national economy.

An independent vocational expert report synthesized the medical and cognitive evidence and explained why, given oxygen dependence, exertional limits, and cognitive fatigue, no competitive employment was feasible.

In light of the medical, neurocognitive, and vocational record, and the demonstrated defects in process, Lincoln was defeated and reinstated our clients LTD claim, and granted LWOP.

At the Law Office of Justin C. Frankel, P.C., we remain committed to standing with claimants whose lives and livelihoods are impacted by disability insurers’ improper denials. If you or someone you know is struggling with a long term disability claim, our team is here to fight for you.