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

CaveyLaw.com > Practice Areas  > Long Term Disability & ERISA Lawyer  > Long Term Disability Disabling Conditions > Do I Qualify For Disability Insurance Benefits If I Have Epilepsy?

Disability insurance companies don’t always make it easy for policyholders who have epilepsy to get the disability benefits they deserve. More than 3 million Americans have epilepsy, and each year more than 200,000 cases are diagnosed.

How Do Disability Carriers View Epilepsy Disability Claims?

Many disability claims for epilepsy are denied because the disability insurance company says:

(1) There is no objective basis of the epilepsy 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 epilepsy 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 epilepsy. She overcomes 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 Epilepsy?                               

Epilepsy is a brain disorder that causes seizures that occur when nerve cells or neurons in your brain send out the wrong signals. There is no known cause of epilepsy, though seizures can be triggered by brain injury, brain tumor, stroke and abuse of drugs or alcohol. Epileptic seizures, which can range from brief to long periods of shaking, are controlled by medication in about 70% of cases.

It is not uncommon for disability carriers to deny payment of benefits on the basis that the seizure disorder is well controlled or that the seizures don’t occur often enough to be disabling. They will even ignore the cognitive complications caused by seizures.

What Are The Types of Seizures and Common Symptoms?

60% of seizures are convulsive, which include generalized, partial and non-convulsive seizures. It is not uncommon for epilepsy also to result in depression, anxiety disorder and migraines. Disability carriers often apply the mental nervous limitations of a policy and attempt to limit benefits to only 24 months.

The common symptoms include:

  • Staring spells,
  • Temporary confusion,
  • Uncontrolled jerking movements, and
  • Loss of consciousness.

How Do I Get The Disability Insurance Benefits I Deserve?

Epilepsy can interfere with your daily activities and with your ability to work. If you no longer can work because of epilepsy or your doctor has told you to apply for disability benefits, you should take steps before you apply:

  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 and if there are limitations in your coverage.
  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.
  3. Obtain a copy of your personnel file to see if your epilepsy 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 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.
  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. 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

Epilepsy and its complications 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.