How Long Term Disability Carriers Use the Mental Nervous Limitation Provisions Against Policy Holders To Limit Benefits

Mental Nervous Limitation Provisions Disability Claims

Many disability policies limit the payment of disability insurance benefits if the policy holder has a psychiatric condition. The key to understanding the Mental Nervous exclusion turns to the language in the policy. Unfortunately, there is no uniform policy language. For example, policies can provide for a: (1) mental illness exclusion based on “caused by or contributed to” language, (2) mental illness exclusion based on a disability based solely on a mental illness. These are completely two different types of mental illness exclusion provisions. The more problematic one is the mental exclusion that uses the “caused by or contributed to” language. Why Is That? For...

31 October

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What Every Long Term Disability Policy Holder Should Do If Their Claim For Cognitive Disorder Has Been Denied Based On A Neuropsychological Report

Posted by Nancy Cavey

in Long Term Disability

Unfortunately, long-term disability carriers don’t make it easy for those with cognitive dysfunction to get the disability benefits they deserve or to stay on claim. One of the tactics that disability carriers routinely use is to claim that cognitive problems are just the manifestation of underlying psychiatric conditions. As a result, a policy holder’s benefits will be limited to just 2 years. To bolster this defense, they’ll have an “independent” medical evaluation by a “liar for hire” neuropsychologist whose job it is to give the disability carrier ammunition to deny the claim. That’s particularly true because cognitive problems can be self-reported....

15 August

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Can I Collect Workers’ Compensation and Social Security Benefits At The Same Time?

Posted by Nancy Cavey

in Workers Compensation

Workers’ Compensation Offset Settlement Attorney Florida

If you’ve been injured on the job many Workers’ Compensation statutes require that you apply for Social Security Disability benefits, particularly if you are claiming you are permanently totally disabled. Workers’ Compensation laws will allow you to collect both Workers’ Compensation and Social Security benefits, there is a cap in the amount of benefits you can collect. There is a Federal law that limits the two combined benefits to no more than 80% of your average monthly wage. This can be a complicated math calculation. Who Has The Right To An Offset? Some states even allow for a “reverse offset” that means that...

10 August

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

Posted by Nancy Cavey

in Long Term Disability

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...

Author: Nancy Cavey