NO FEE GUARANTEE

Disability Representation For Your Disability Claim

727-894-3188

Call Us For Free Consultation Now

Search
 

Blog

How A Long Term Disability Claimant Can Prove Cognitive Dysfunction In Their Long Term Disability Claim

Cognitive Dysfunction Long Term Disability Claims

It’s not uncommon for cognitive problems to be caused by: Dementia Traumatic Brain Injury Brain tumors Multiple Sclerosis Acquired Immune Deficiency (AID) HIV associated Dementia (HAD) Stroke Cancer Related Fatigue Huntington’s Disease Parkinson’s Disease. Unfortunately, long term disability carriers don’t make it easy for those with cognitive dysfunction to get the disability benefits they deserve or, improperly, attempt to limit the policy holder’s benefits to just 24 months of benefits under the policy’s mental/nervous limitation. What Should Every Long Term Disability Policy Holder With A Cognitive Dysfunction Do? Neuropsychological testing is one way to establish disability. However, the neuropsychological testing should be only...

Continue reading

Why Your Work History Can Make All The Difference In Getting Your Social Security Disability Benefits

work history social security disability benefits

Social Security Judges see hundreds of cases each year and hear the same story over and over. When filing a Social Security disability claim it’s crucial that you explain the following: (1) your work history, (2) evidence of work attempts. What’s So Important About Work History? The Social Security Administration and a Judge is more likely to believe someone who has a long work history. For example, if you have been a teacher for over 20 years and have difficulty as a result of a back injury, the SSA will more likely find that someone with a long work history isn’t likely to stop...

Continue reading

Symptoms Long Term Disability Carriers Expect To See In A Policy Holder’s Medical Records With Lyme Disease

Lyme Disease Long Term Disability Claims Attorney

Chronic Lyme disease patients can have a long hard fight to get the disability benefits they deserve. Those with Lyme disease have many debilitating symptoms including severe: fatigue, anxiety, headaches, and joint pain. It’s a complex disease that s difficult to diagnose. Reliable diagnostic studies aren’t available and disability carriers always look for a formal diagnosis of Lyme disease based on the tell tale signs of Lyme disease: (1) the discovery of a tick on the skin, (2) a bulls-eye’s patter rash, and (3) and possible joint pain. However,  according to the International Lyme and Associated Disease Society, ILADS, points out that only “50-60% of...

Continue reading

Can I Get Social Security Disability Benefits for Chronic Heart Failure?

Chronic Heart Failure Social Security

Yes! The Social Security Administration (SSA) uses a Five Step Sequential Evaluation in determining an applicant’s entitlement to Social Security Disability benefits. At Step 3 of the Five Step Sequential Evaluation, the SSA will review your medical records to determine if you have a Listing level impairment for chronic heart failure. The SSA has specific evidentiary requirements that must be met to establish that you’ve met a Listing level impairment. Your medical records must document an abnormal cardiac imagining that shows “objective measures of left ventricular function and structural abnormality in the heart.” §4.00(D)(2) You must also demonstrate that your heart condition...

Continue reading

This Is What Happens When A ERISA Disability Policy Holder Is Left High and Dry

ERISA Disability Claim Appeals

You purchase a long term disability policy to provide you with peace of mind if you became sick, injured or disabled. Unfortunately, long term disability carriers don’t make it easy for the disability policyholders to get the disability benefits they deserve. Understanding The Disability Insurance Claims Process There are 4 possible scenarios in the claims process. Be sick, injured or disabled people but haven’t yet filed a claim; Applied for benefits and are waiting for a decision of coverage; Been denied in the appeal process stage or; You exhausted the right to appeal the claims denial. Sick, Injured Or Disabled But Not Yet Filed...

Continue reading

What Prostate Cancer Sufferers Need To Know About Their Long Term Disability Policy

[vc_row][vc_column][vc_column_text]Prostate cancer is the most common non-skin cancer and the second leading cancer death in the United States. Unfortunately, many prostate cancers grow slowly and do not cause any symptoms in men that have it. IF you’ve been diagnosed with prostate cancer and have a disability policy, there are some things you need to know before you stop working and apply for benefits. Make Sure Your Medical Records Document Your Symptoms. Men can have different symptoms with Prostate cancer which can include: difficulty urinating, frequent urination, brief or interrupted flow, or blood in the urine or semen. The need to urinate frequently can...

Continue reading

Bacterial Blueprint For Chronic Fatigue Syndrome – Win Your Claim For Long Term Disability Benefits

Chronic Fatigue Syndrome Disability Attorney Symptoms

In a study published in Microbiome researchers have identified a new bacterial blueprint for chronic fatigue syndrome. That’s crucial because many long term disability carriers take the position that chronic fatigue syndrome really has no objective or organic cause. What Is Chronic Fatigue Syndrome Symptoms? Chronic Fatigue Syndrome (CFS) can cause: 1. Extreme fatigue. 2. Fibrofog. 3. Widespread muscle aches. 4. Symptoms consistent with inflammatory bowel disease. What Is So Important About This Study? Researchers discovered that people with chronic fatigue syndrome had higher blood levels of lipopolysaccharides, which are inflammatory molecules that indicate the bacteria has moved from the gut into the blood stream. They analyzed bacteria in...

Continue reading

If My Cardiovascular Condition Doesn’t Meet the Listing, Can I Try to Prove That My Condition Equals a Listing?

Cardiovascular Condition Social Security Claims

Yes! The Social Security Administration (SSA) evaluates whether or not your medical condition equals a listing under 20 C.F.R. §§ 404.1526 and416.926. This requires the SSA to consult with a SSA medical expert before reaching a conclusion regarding equivalence. It is also helpful if your cardiologist comments on the equivalence by using the New York Heart Association Functional Classifications. Which Two Categories of the New York Heart Association Functional Classification Will Work? Category III requires: (1) marked limitation of physical activity with you being comfortable at rest, (2) Less than ordinary activity causes fatigue, palpitation, or shortness of breath. Alternatively, Category IV requires that you: (1) are...

Continue reading

ERISA Disability Carriers Must Meet ERISA Claims Denial Deadlines

ERISA Claims Denial Deadlines

If you purchased your disability policy through your employer, that policy is most likely governed by the civil enforcement provisions of the Employer Retirement Income Security Act 1974 (ERISA), 29 USC §1132. In the case of Perry v. Metropolitan Life Ins. Co., No. 4:16-CV-135 (CDL), 2016 WL 4536441 (M.D. GA. August 30, 2016), Ms. Perry was employed by Synovus Financial Corporation where she was covered under a Long Term Disability policy issued by MetLife disability. MetLife paid her benefits and then denied her claim on the basis that she no longer met the standard of disability. Her policy required that she submit...

Continue reading