Disability insurance companies don’t always make it easy for policyholders who have mesothelioma to get the disability benefits they deserve. There are only 2,500 to 3,000 mesothelioma diagnoses a year in the United States, with a 40- to 60-year latency period between exposure and diagnosis.
How Do Disability Carriers View Mesothelioma Disability Claims?
Many disability claims for mesothelioma are denied because the disability insurance company says:
(1) There is no objective basis of the mesothelioma diagnosis,
(2) There is no objective basis for the restrictions and limitations assigned by your physician, or
(3) There is no causal relationship between your mesothelioma diagnosis and/or your restrictions and limitations, and your inability to do your own or any occupation.
A mesothelioma diagnosis is not, in and of itself, a disabling condition. You will have to prove that you meet the policy definition of disability.
Nancy Cavey, who has 35 years experience handling disability cases, helps those with mesothelioma overcome a claims denial by working closely with you and your physician.
Nancy Cavey offers a free initial consultation and welcomes the opportunity to speak with you about your disability claim.
What Is Mesothelioma?
Mesothelioma is an aggressive cancer of the lining of your lungs and abdomen. It is difficult to diagnose because it mimics other common ailments; disability carriers will seize on that difficulty in denying claims.
There are three types of mesothelioma, based on the affected organ:
- Pleural mesothelioma affects the lung’s protective lining;
- Peritoneal mesothelioma affects the abdominal cavity lining; and
- Pericardial mesothelioma affects the cardiac cavity.
The treatment of mesothelioma includes surgery, chemotherapy and radiation therapy which, in turn, can cause disabling side effects.
What Are The Symptoms of Mesothelioma?
Common symptoms include:
- Chest pain,
- Chronic cough,
- Effusions of the chest and abdomen, and
- Presence of blood in lung fluid.
These symptoms can make it difficult, if not impossible, to work.
How Do I Get The Disability Insurance Benefits I Deserve?
Mesothelioma can interfere with your daily activities and with your ability to work. You might have chest pain, for example, that makes it painful to stand, walk, sit, use your upper extremities or even exert yourself.
If you no longer can work or your doctor has told you to apply for disability benefits, you should take steps before you apply:
- 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 and if there are limitations in your coverage.
- 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.
- Obtain a copy of your personnel file to see if your mesothelioma has affected your work performance.
- 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.
- 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.
- Prepare a diary that explains and gives examples of how your symptoms interfere with your ability to do things on a daily basis and the side effects of your medication.
- 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.
- 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. 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
Mesothelioma and the side effects of treatment 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.
