When filing a long-term disability claim, having more than one disabling condition, known as comorbidities, can complicate the process. Comorbid conditions refer to the presence of two or more medical conditions that occur simultaneously in an individual, often influencing and exacerbating each other’s effects.
For example, someone with chronic back pain paired with fibromyalgia will experience intensified pain and fatigue from both conditions interacting with one another. While it is possible each condition on its own can be disabling, the insurance company cannot ignore the interaction of multiple medical conditions should they all be the cause of a long term disability and inability to work.
How Insurance Companies Mishandle Comorbid Medical Conditions
Disability insurance carriers are required to assess the combined impact of comorbid conditions, rather than treating each condition as an independent issue. Despite this, claimants often encounter tactics by their long term disability insurance company designed to minimize the severity of their disabilities:
- Isolating or Ignoring Medical Conditions: Insurers may review each condition separately, or not at all. They also fail to account for how one condition exacerbates or impacts another.
- Downplaying Overlapping Symptoms: Overlapping symptoms, such as fatigue or chronic pain, may be dismissed as part of a single condition rather than the cumulative effect of multiple conditions.
- Selective Medical Reviews: Insurance companies may rely on their own doctors who, without considering the full medical picture or examining the claimant in person, conclude that a claimant is not disabled and is still capable of working.
Filing a Long-Term Disability Claim due to Comorbid Conditions
ERISA, the federal law that governs most disability insurance claims, requires insurance companies to fairly and thoroughly review all disability insurance claims. This means they must consider the collective effect of all comorbid conditions, recognizing how these conditions interact to limit your ability to work. Failure to do so may constitute a violation of ERISA regulations and the terms of your disability policy.
When filing a long-term disability claim involving comorbidities, it is essential to provide comprehensive evidence that demonstrates the combined impact of your conditions. Examples of evidence you can gather include:
- detailed medical records that outline each condition and their cumulative effects,
- written statements from treating physicians explaining how the conditions interact to limit your daily activities, and
- in person evaluations that objectively measure your physical and cognitive limitations such as a functional capacity evaluation and neuropsychological evaluation.
Don’t Let Long Term Disability Insurance Companies Undermine Your Claim
If you’re struggling with comorbid conditions that are preventing you from working and are facing a long-term claim denial, don’t give up hope. Disability insurance companies may try to downplay the severity of your conditions, or ignore how they interact with one another, but you have the right to fight back.
Help from an Attorney with Expertise in Disability Insurance
Disability insurance law is complicated. If your claim for long-term disability benefits was denied or being delayed by an insurance company, it is important to get help from a lawyer with expertise in disability law.
Why Us?
- Our lawyers specialize in disability insurance;
- Our lawyers have experience with UNUM, Hartford, CIGNA, Reliance Standard, and just about every other insurance company;
- Our lawyers have won tough disability insurance lawsuits;
- Our lawyers have recovered millions in disability benefits for clients who were wrongly denied.
Because federal law applies to most disability insurance claims, we do not have to be located in your state to help.
Dabdoub Law Firm represents clients nationwide with:
- Submitting a disability insurance claim;
- Appealing a long-term disability denial;
- negotiating a lump-sum settlement; or
- Filing a lawsuit against your disability insurance company.
Call to speak with a disability insurance attorney. No fees are costs unless clients are paid.