Neurological disorders and conditions are wide-ranging and can include any condition affecting the brain, spine or nervous system. When establishing a claim for long-term disability benefits related to a neurological condition, the key factor will be to demonstrate that the condition impacts the claimant’s ability to work, which can be a complex process depending on the language contained within a specific policy. Difference policies will have different definitions of what will be considered a “total disability”, which is what claimants will be required to prove in order to qualify for benefits, and this definition may change over time. For this reason, it is key that anyone whose long-term disability benefits for a mental health condition are denied or terminated secure an experienced disability lawyer right away to provide guidance with respect to the policy itself, and throughout the dispute process.
At MK Disability Lawyers we have dedicated our entire careers to long-term disability law. We have decades of experience litigating LTD claims on both sides of the table, representing both the insured and the insurer. As a result, we have a unique insight into how the insurance companies work, and the reasons behind the decision-making process at large insurance companies. We understand their strategies and how best to overcome their arguments for denying a claim. Litigation of LTD claims can be complicated. For someone unfamiliar with the long-term disability process, particularly when suffering from a debilitating neurological condition, disputing a claim denial can be overwhelming and dealing with insurance companies can be challenging and outright frustrating. We take the health of our clients very seriously and we are passionate about securing the benefits they require in order to focus their efforts on their own well-being.
For those who suffer from neurological conditions, we understand that certain days, or times of day, may be more challenging than others. Our lawyers prioritize treating our clients with compassion, and we do everything we can to lessen their burden whenever possible. We use a variety of methods to accommodate our clients’ needs, whether due to geographical distance, an inability to leave the house, or language barriers. We regularly engage the use of technological tools to meet with clients remotely, even enabling them to sign paperwork from their home instantaneously. These tools allow us to keep the momentum of a case moving, even if the client isn’t able to attend at one of our offices. Further, we will schedule meetings around what is most comfortable for our client. If mornings are more challenging due to stiffness in the joints, or a client is more likely to suffer migraines in the afternoon, we will take this into account and set the schedule accordingly. If a client has cognitive issues stemming from a neurological disorder, we will ensure that preparatory meetings for processes such as Examination for Discovery or Mediation have no time limits.
The key to a successful long-term disability claim related to a neurological condition is to establish an inability to work. However, the requirements to demonstrate this will vary from policy to policy, and over time. The standard or definition of “total disability” will be based on one of two definitions: own occupation or any occupation.
Own occupation coverage refers to a person’s ability to fulfill the tasks associated with their specific job or role. Generally, under a group plan, this coverage will extend for a specified period of time before switching to the broader definition of “any occupation”.
Any occupation coverage refers to a person’s ability to fulfill the function of any role for which they are deemed qualified given their education, training or experience. It is important to note that there are restrictions on the types of occupations an insurer can consider under this definition. A medical doctor, for example, will not be assessed based on whether they can perform the duties associated with working in a retail role. The occupations considered will have to be in line with the claimant’s training, and will generally have restrictions based on potential income in relation to the claimant’s former income.
Our lawyers have the know-how, the determination and the skills to resolve any type of long-term disability matter based on a neurological condition, including:
If you are facing the denial or termination of a long-term disability claim arising from a neurological condition, the experienced lawyers at MK Disability Lawyers can help. We will thoroughly review your circumstances with you and provide individualized advice on the best path forward. Throughout the process, we will passionately advocate on your behalf and will do whatever we can to lighten your burden in the process. To arrange a complimentary consultation with one of our experienced disability lawyers, please complete the online form, or call us at 844-697-4600.