Tim Henry: A Chronic Pain Diagnosis Put Under Surveillance

At 57-years-old, Tim Henry still enjoyed his work immensely. After 27 years driving a delivery van, he thought he’d hate taking the same routes so often, and seeing the same customers everyday- but he didn’t. Tim liked his routines, and took comfort knowing what each day would bring. That is, until an accident on his icy front walk-way left Tim with a chronic pain diagnosis and unable to work for many months.


After the accident, Tim’s wife rushed him to the Emergency Room, where they quickly assessed the damage. Tim had dislocated his right shoulder and torn an important ligament. Extensive physiotherapy would probably be needed before Tim would be ready to return to his job- but for now, Tim would be stuck in a shoulder sling at home. After several weeks, Tim seemed to be recovering well. He was able to perform small daily tasks, and he recovered a small range of motion in his shoulder. But Tim felt pain in other places now too – in his neck, his lower back and even in his arms. Tim did not feel that he could keep his arms up to steer the van or turn around to check his blind spot. His doctor supported this, giving him a chronic pain diagnosis, and suggested it was time for him to apply for long- term disability benefits.


Tim began the process of filing his long- term disability claim with his insurance company. He thought that if he could focus on a recovery where he could increase his agility the right way rather than rushing back to work and making the pain worse, he could make a full recovery. Tim even felt well enough to accompany his wife to the grocery store and other errands on many occasions. Four weeks after filing his claim, Tim was feeling very anxious about receiving his payment. When Tim received a letter from the insurance company in the mail, he was relieved, but upon opening the letter, Tim discovered that his insurance company had done something he thought was entirely unethical. They had hired a private investigator and put him under surveillance! During the investigation, they had seen Tim reach for a jar of peanut butter at the grocery store, and now his claim had been denied


With nowhere left to turn, Tim quickly booked a free consultation with Share Lawyers. A co-worker had used their services before, so Tim knew that the firm had years of experience helping others in a similar situation. The Team at Share Lawyers got to work compiling a strong case against the insurance company’s claim that he was not in chronic pain, and that he was fit for work. The Share Lawyers team collected all medical records and reports from Tim’s doctors, and they ensured that all the necessary paperwork and medical documentation was filed. The Share Lawyers team negotiated a fair and substantial settlement on Tim’s behalf, and he was able to take the time he needed to ensure a fair recovery and hopefully, an eventual return to work. All names have been changed to protect the privacy of the individuals mentioned. To read more stories, check out Bruno's Story or check out the September 2015 Newsletter for more about Surveillance! Find out if you have a Disability Case.

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