Disability insurance companies don’t always make it easy for policyholders who have lymphoma to get the disability benefits they deserve.
Lymphoma is a group of blood cancers that develop in the lymphatic system. The two types of lymphoma are Hodgkin’s lymphoma and non-Hodgkin’s lymphoma.
Regardless of the type of lymphoma, disability carriers are notorious for denying and terminating many claims.
Common Reasons Lymphoma Disability Claims Are Denied
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. Fevers, chills, the lack of energy and side effects of treatment can be the most disabling symptoms, but they are subjective complaints. Carriers routinely dispute them.
It is not uncommon for policyholders to have had lymphoma for years and have not been disabled. You will have to overcome the carrier’s argument that you have been working with these problems for years and nothing has changed. 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.
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 lymphoma,
(3) There is no causal relationship between your lymphoma 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 lymphoma. She overcomes a claims denial by working closely with you and your physician. She has seen first-hand clients suffering the devastating effects of lymphoma 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.
What Are the Symptoms of Lymphoma?
The symptoms can vary depending on the type of lymphoma; the most common symptoms are:
Swelling in the neck, arm or groin,
Unexplained weight loss,
Night sweats that interfere with your sleep,
Lack of energy.
It is important that your medical records document your symptoms and how those symptoms impact your ability to function.
How Do I Get The Disability Insurance Benefits I Deserve?
Regardless of your diagnosis, lymphoma 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 policies consider lymphoma without objective findings to be a subjective condition; benefits are limited to just two years. You need to know any 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 weakness or fatigue.’’ Carriers often make a leap of logic and say the policyholder either is exaggerating or faking their pain. 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 lymphoma 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. Don’t forget to explain what activities increased your symptoms.
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 your symptoms, side effects of medication and gives examples of how your weakness, fatigue and other symptoms interfere with your ability to do things on a daily basis. Your pain may give you problems with concentration.
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 lymphoma 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
Lymphoma 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.