Martindale-Hubbell / Av Preeminent 2021 - Badge Martindale-Hubbell / Av Preeminent 2021 - Badge
Kentucky Bar Association 1871 - Badge Kentucky Bar Association 1871 - Badge
Super Lawyers / Austin Mehr / 2022 - Badge Super Lawyers / Austin Mehr / 2022 - Badge
Super Lawyers 2022 - Badge Super Lawyers 2022 - Badge
United Policyholders - Badge United Policyholders - Badge
Fayette County Bar Association - Badge Fayette County Bar Association - Badge
Kentucky Justice Association - Badge Kentucky Justice Association - Badge
Speciality Associations by the national trial lawyers - Badge Speciality Associations by the national trial lawyers - Badge
The National Trial Lawyers / Top 100 - Badge The National Trial Lawyers / Top 100 - Badge
Nations Premier / Top Ten Attorney 2022 - Badge Nations Premier / Top Ten Attorney 2022 - Badge
The National Trial Lawyers / Top 40 Under 40 - badge The National Trial Lawyers / Top 40 Under 40 - badge
Expertise.com Best litigation Attorneys in Lexington 2022 - Badge Expertise.com Best litigation Attorneys in Lexington 2022 - Badge
Lawyers of distinction 2023 - Badge Lawyers of distinction 2023 - Badge

Claiming Cancer Disability Benefits on a Long-Term Disability Insurance Policy

Mehr Fairbanks Trial Lawyers Team

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.

Client Reviews

Bartley is working on my case every one I have talked to is extremely nice he sends emails or mails something keeping me up dated when you talk to him he explains it to where you can understand I'm very satisfied with what he has done and what he is doing for me would advise anyone to contact him...

S.A.

With everything to lose I laid my vulnerability in the hands of Bartley Hagerman. I cannot put into words the hard work, dedication, and compassion that I was shown. Bartley was able to help me when the odds were stacked against me. I am beyond grateful!

C.W.

When my long term disability case got canceled, I didn’t know what to do or who to turn to. Luckily someone I knew recommended Mehr Fairbanks Trial Lawyers. I met up with Mr. Bartley Hagerman and not only did he take my case, he got my long term disability reinstated. He keeps you updated and works...

D.C.

Contact Us

  1. 1 Free Consultation
  2. 2 No Fee Unless We Win
  3. 3 Contact Us if Your Claim Has Been Denied

Fill out the contact form or call us at (800) 249-3731 to schedule your free consultation.

Leave Us a Message