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

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

Cancer is one of the leading causes of disability, but disability insurance companies don’t always make it easy for policyholders who are in remission, have had a recurrence or have lasting side effects from cancer treatment to get the disability benefits they deserve.

The Common Reasons Disability Carriers Deny Cancer Disability Claims

Many claims are denied because the disability insurance company says:

(1) You are in remission,

(2) There is no objective basis of the side effects of treatments,

(3) There is no objective basis for the restrictions and limitations assigned by your physician, or

(4) There is no causal relationship between your cancer 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 cancer. 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.

An Overview of Cancer and The Symptoms of Cancer

Cancer is an uncontrolled abnormal cell growth that damages a cell’s genetic material. Each of the more than 100 types of cancer has its own symptoms, stages and treatment options.

Some cancers are fatal, others are treatable. The length of disability depends on the type of cancer, the treatment and the side-effects of treatment.

The six major types of cancer are:

  1. Leukemia;
  2. Carcinomas;
  3. Lymphoma;
  4. Myeloma;
  5. Sarcoma;
  6. Cancer of the central nervous system.

The common symptoms of the major types of cancer can include:

  • Fatigue
  • Weakness
  • Changes in the urine
  • Skin changes
  • Swollen lymph nodes
  • Abnormal lumps and other changes in the body.

The treatment itself often causes disabling symptoms. It is not uncommon for chemotherapy and radiation to cause:

  • Nausea
  • Fatigue
  • Pain
  • Dizziness
  • Chemo brain
  • Tingling and numbness in the fingers and toes
  • Bowel problems
  • Anxiety
  • Depression

 How Do I Get The Disability Insurance Benefits I Deserve?

Cancer and the side effects of treatment can make it difficult, if not impossible, to do things around your home and work. If you no longer can work or your doctor has told you to apply for disability, before you apply for benefits, you should:

  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 to get your benefits for cancer.

Your policy can include a self-reported limitation. It limits how long you can get benefits that result from self-reported symptoms, including nausea, fatigue, pain, dizziness and chemo fog.

Worse, disability carriers sometimes attempt to limit benefits to 24 months because of the mental nervous limitation. You’ll want to know what’s in your policy before you apply for benefits.

  1. 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.
  2. Obtain a copy of your personnel file to see whether your cancer has affected your work performance.
  3. 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.
  4. 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.
  5. Prepare a diary that explains your symptoms and the side effects of medication you are taking. Be sure to give examples of how your symptoms interfere with your ability to do things on a daily basis.
  6. 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.
  7. 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 for cancer or the side effects of treatment. 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

Cancer 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.