Long term disability carriers don’t make it easy for those who are disabled to get the long term disability benefits that they deserve. Long term disability carriers deny claims on the basis of:
A. Lack of diagnostic criteria;
B. No clinical connection with disabling medical condition; and
C. No objective medical or self-reported symptoms and limitations.
Cognitive dysfunction is present in a number of medical conditions, including tinnitis, hearing loss, headaches and vertigo.
Cognitive dysfunction isn’t evidence of a disability but it’s an important factor to consider in determining the disability. Courts require that long term disability carriers give attention to subjective complaints, assign weight to those subjective complaints or provide specific reasons for its decisions to discount those subjective complaints.
Carriers simply can’t point to a lack of objective evidence in denying a claim. The carrier has to identify any objective findings and consider the cognitive symptoms that would reasonably be expected to see as a result of the medical condition. Carriers can’t just rely on the lack of objective evidence to deny a claim unless there is a subjective, self-reported symptoms and limitations clause in the policy.
What you should do if you have cognitive dysfunction
If you’re filing a long term disability claim as a result of cognitive dysfunction, you should obtain a copy of your medical records and review those records closely. Will your physician document the medical evidence for your cognitive dysfunction or clinical correlation between the complaints and your diagnosis? Has your physician performed any objective testing? Has your physician explained how your cognitive difficulties are manifestations of the symptoms of your medical condition? If not, you may claim may be denied right out of the box because of the lack of medical evidence that supports your cognitive dysfunction.
What should I do if I’ve been denied benefits as a result of cognitive disorder?
Contact Long Term Disability lawyer Nancy Cavey within 180 days of receipt of your denial letter so she can obtain the carrier’s file, conference with your doctor and obtain the necessary medical evidence to establish objective basis of your cognitive disorder and help you get the benefits you deserve. Contact her today at 727-894-3188.