Disability claims due to mental illness are increasing in number; however, they are also some of the most frequently denied or terminated claims by major insurance companies. There are several reasons for this, discussed below, but the “invisible” nature of these conditions means that a claimant will have a more difficult time satisfying an insurance company’s request for evidence. 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 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, disputing a psychological disability claim denial can be exhausting and overwhelming and dealing with insurance companies can be challenging and outright frustrating. We take mental health very seriously and we are aware of the associated cultural stigmas and biases. We are passionate advocates for clients disabled by psychological conditions and work tirelessly to make the pain and suffering of these so-called “invisible” conditions plain and obvious to the insurance companies we deal with.
When you are experiencing a mental health crisis, whether it was precipitated by emotional or physical trauma, such as a motor vehicle accident or an assault, abuse or harassment, or you are suffering from depression and/or anxiety, litigation is often the last thing you want to do. Our lawyers are extremely empathetic towards our clients, and we do everything we can to take the burden off of them to the degree that we can. We also 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.
Claims based on a psychological condition, or a mental health issue, are the most commonly denied or terminated long-term disability claims. There are two key reasons for this:
Essentially, it comes down to the fact that these conditions fall under the category of “invisible” disabilities. Depression doesn’t show up on an MRI, and post-traumatic stress disorder cannot be verified by running bloodwork. The key to overcoming this hurdle is to ensure that all symptoms and treatments are carefully documented by any health professional involved in your care who is aware of your condition. Keeping your own records will not be considered an acceptable substitute for records kept by medical doctors.
Treatment for mental health issues varies depending on the person and the condition. While there is no guarantee that treatment will “fix” an issue, it is important to demonstrate that you are trying your best to get help. At a minimum, this means regular visits with medical professionals, such as a family physician and usually a psychiatrist and/or psychologist as well. If treatment such as medication is recommended then we advise clients to follow their doctor’s advice. Failure to either seek professional help or participate in a recommended treatment plan is likely to serve as a red flag for an insurance company, making it more likely that your claim will be denied or terminated.
Our lawyers have the know-how, the determination and the skills to resolve any type of long-term disability matter based on a psychological disability, including:
If you are facing a denial or termination of a long-term disability claim arising from psychological disability, 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.