Denied cancer disability benefits can come to a shock for thousands of claimants who should be receiving benefits otherwise.
Long-term disability insurance is offered by employers as benefit packages to employees or sold by insurance companies to individuals. And, although insurance providers say that they will pay long-term disability benefits if you are unable to work, many will deny valid claims, minimize payments, or find ways to delay payments – hoping you will give up and abandon the claim.
Reasons in support of long-term cancer disability claims often include cancer treatment. Medications and invasive chemotherapy and radiation treatments can leave patients seriously fatigued and sick, as well as affect their cognitive functioning such as memory, focus, and ability to absorb and analyze information. Insurance companies will challenge this, saying that the patient is exaggerating or not giving their maximum effort.
If your insurer has denied your disability claim, don’t give up. A court of law may view the insurance company’s denial much differently, when all the facts are raised and properly presented. An experienced disability insurance lawyer representing your claim can make a huge difference in fighting against a large insurance company.
Disability Benefits Dependent on Treatment Side Effects
Treatments for patients tend to vary depending on the location and spread of the cancer. Surgery can eliminate cancerous skin lesions, while lung cancer is usually treated using chemotherapy and radiation. Widely-used cancer treatments include proton therapy, gene therapy, bone marrow transplants, and laser treatments.
Some of the work-debilitating side effects of chemotherapy includes fatigue, a compromised immune system, pain, nausea, and digestive problems. For radiation therapy, some of the side effects may include skin irritation, persistent fatigue, and other symptoms that may limit one’s work activities. In most cases, these side effects can provide a sufficient basis for short-term disability insurance benefits that can replace a part of the patient’s income for up to six months.
Proving a Long-Term Disability Case
Anyone applying for long-term disability benefits should expect to have their case carefully scrutinized, regardless of whether your cancer has reached stage 2, 3, or 4. It is therefore essential that your claim contain all the relevant medical information related to your disability. The federal law that is responsible for governing most LTD plans, ERISA, provides workers or their lawyers with the opportunity to request a free copy of the claim from the specified plan administrator. Once you have this copy, you must make sure that it contains all necessary diagnostic tests, some of which include bone scans, biopsies, CT scans, MRIs, x-rays, and ultrasounds. In addition, they should include relevant notes from your physician or oncologist.
It Helps to Have a Disability Insurance Attorney Review Your Case
We meet with many cancer patients who are devastated to learn that their disability benefits were denied. We have successfully represented thousands of claimants in their battle to obtain the disability compensation they need. If you have filed or are preparing to file an individual or long-term disability insurance claim – or if your benefits have been wrongfully delayed or denied – Mehr Fairbanks Trial Lawyers can help you retain your rights and benefits today by calling toll-free: 800-249-3731.