Disability insurance companies don’t always make it easy for policyholders who have ovarian cancer to get the disability benefits they deserve. More than 20,000 women in the United States are diagnosed with ovarian cancer each year.
Ovarian cancer occurs when malignant cells develop in your ovaries; many types of cancers and tumors can form there. If diagnosed and treated early when confined to the ovary, the five-year survival rate is over 94 percent.
Unfortunately, disability carriers are notorious for denying and terminating many claims.
The Common Reasons Disability Carriers Deny Ovarian Cancer Disability Claims
Disability carriers often argue that coverage under the policy is excluded because of the pre-existing condition clause, or that benefits are limited under the subjective limitation clause. Abdominal swelling or pain, fatigue and side effects of treatment can be the most disabling symptoms, but they are subjective complaints. Carriers routinely dispute them.
If you have been working after your diagnosis, it isn’t uncommon for the carrier to argue that because you have been working, nothing has changed that should make you stop working and claim disability. It is crucial that your medical records develop the progression of your symptoms.
Carriers also may argue that treatment will allow you to continue to work so you couldn’t possibly be disabled. They routinely ignore the disabling side effects of treatment.
Carriers have other reasons to deny claims. They’ll say:
(1) There is no objective basis of the diagnosis,
(2) There is no objective basis for the restrictions and limitations assigned by your physician because of your ovarian cancer,
(3) There is no causal relationship between your ovarian cancer and/or 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 ovarian cancer. She overcomes a claims denial by working closely with you and your physician. She has seen first-hand her clients suffer the devastating effects of ovarian cancer and understands what you are going through.
Nancy Cavey offers a free initial consultation and welcomes the opportunity to speak with you about your disability claim.
How Do I Get The Disability Insurance Benefits I Deserve?
Ovarian cancer and treatment side effects can interfere with your daily activities and with your ability to work. 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.
Some adjusters improperly conclude that because you have finished treatment or are in remission, you are only subjectively disabled. They will attempt to limit benefit payments to just two years. You need to know applicable policy limits before you apply for benefits.
- 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.
One of the most common reasons given for a claims denial is that there is “no objective evidence to support your subjective complaints of pain, chemo brain or fatigue.’’
Carriers often make a leap of logic and conclude the policyholder either is exaggerating or faking. Nancy Cavey knows what proof is necessary to meet the policy definition of disability.
- Obtain a copy of your personnel file to see if your ovarian cancer 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 pain diary that explains your pain and side effects of medication. Be sure to give examples of how your pain, fatigue and chemo brain interfere with your ability to do things on a daily basis. You may have cognitive problems because of your treatment; those should be documented by neuropsychological testing.
- 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 ovarian cancer 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
Ovarian cancer 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.
