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Do I Qualify For Disability Insurance Benefits If I Have Dementia?

CaveyLaw.com > Do I Qualify For Disability Insurance Benefits If I Have Dementia?

Disability insurance companies don’t always make it easy for policyholders who have dementia to get the disability benefits they deserve. Dementia isn’t a specific disease, it’s a brain condition that causes problems with thinking, memory and social functioning.

The Common Reasons Disability Carriers Deny Dementia Disability Claims

Many dementia claims are denied because the disability insurance company says:

(1) There is no objective basis of the dementia,

(2) There is no objective basis for the restrictions and limitations assigned by your physician, or

(3) There is no causal relationship between your dementia diagnosis and/or your restrictions and limitations, and your inability to do your own or any occupation.

Nancy Cavey, who has 35 years experience handling disability cases, has successfully represented many policyholders with dementia. She overcomes a claims denial by working closely with you and your physician.

She offers a free initial consultation and welcomes the opportunity to speak with you about your disability claim.

What Are The Types of Dementia?

The different types of dementia include:

  • Alzheimer’s disease
  • Vascular dementia
  • Dementia with Lewy Bodies (DLB)
  • Parkinson’s disease dementia
  • Huntington’s disease
  • Mixed dementia
  • Frontotemporal dementia (FTD)
  • Creutzfeldt-Jakob disease
  • Normal pressure hydrocephalus, and
  • Wernicke-Korsakoff syndrome

What Are The Symptoms of Dementia?

Dementia symptoms can include cognitive changes and psychological changes that can impair and eliminate an ability to perform your own and any occupation.

The cognitive changes can include:

  1. Memory loss,
  2. Difficulty finding words and communicating,
  3. Difficulty with complex tasks,
  4. Difficulty with planning, organizing and completing tasks,
  5. Difficulty with coordination and motor functions, and
  6. Difficulty following written and oral instructions.

The psychological changes can include:

  1. Personality changes,
  2. Paranoia,
  3. Agitation,
  4. Hallucinations, and
  5. Inappropriate behavior.

Because of the nature of the diseases and symptoms, many with dementia get treated by a neurologist. It is crucial that you undergo neuropsychological testing to objectively document any cognitive and behavioral problems.

How Do I Get The Disability Insurance Benefits I Deserve?

Dementia can make it difficult, if not impossible, to do things around your home and work. If you no longer can work or your doctor has told you to apply for disability, before you apply for benefits, you should:

  1. Obtain a copy of your disability policy. See how it defines “disability,” “occupation” and “self-reported conditions.” You’ll need to understand what you have to prove to get your benefits because of dementia.

Your policy can include a self-reported limitation. It limits how long you can get benefits that result from self-reported symptoms, including problems with memory, speech, planning, organizing and sequencing. You’ll want to know what’s in your policy before you apply for benefits.

  1. Closely review your policy for any mental/nervous limitations under which your dementia could be classified a psychiatric condition, which has a limited pay period of 24 months.
  2. Obtain a copy of your medical records. Review them to see if there is an objective basis for your diagnosis, what your records say about your report of symptoms and your restrictions and limitations. It is crucial you have neuropsychological testing to document the reason for your symptoms and the severity of those symptoms.
  3. Obtain a copy of your personnel file to see whether your dementia has affected your work performance.
  4. Obtain a copy of your job description. Create your own description of your physical duties with an explanation of how your symptoms impact your ability to do your occupation.
  5. Provide your doctor with the occupational description. Ask your doctor to prepare a report that explains the objective basis for your diagnosis, the objective basis of your restrictions and limitations, and the objective reasons you can’t perform some or all of the material and substantial duties of your occupation.
  6. Prepare a diary that explains your symptoms and the side effects of medication you are taking. Be sure to give examples of how your cognitive and psychological symptoms interfere with your ability to do things on a daily basis.
  7. Hire Nancy Cavey to help you file your initial application. The application process is confusing and designed so you and your physician make mistakes that can result in a delay or even a denial of your benefits. Ms. Cavey knows how to prepare and file a winning shock and awe disability application that leaves the carrier little reason to question your claim.
  8. Hire Nancy Cavey to help you appeal a wrongful denial or termination of your disability benefits. Disability carriers are in the business of collecting premiums and not paying disability benefits for dementia. They’ll use any reason to deny your claim. The odds of getting your benefits on appeal are greater when you are represented by an experienced ERISA/private ID policy disability attorney.

Contact Disability Attorney Nancy L. Cavey, Who Can Help You Regardless of Where You Live

Dementia can make it difficult, if not impossible, to work. You owe it to yourself and your family to get help today! Nancy Cavey can review your policy and your medical records, and explain to you what your policy says and how to get your disability benefits.  Call today for a free consultation at 727-894-3188.