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Can The Hartford Characterize Cognitive Impairment Due to Chronic Pain a Mental Condition?

Disability insurance attorneys Gregory Dell and Stephen Jessup discuss a Northern Illinois federal court case in which Hartford attempted to deny benefits to a nurse after 24 month. Hartford claimed that the Nurse’s cognitive impairment was a mental condition subject to the disability policy’s 24 month mental health limitation. The court disagreed and reinstated benefits. Watch our video as we discuss the common issues we encounter with claimants that experience depression or a cognitive impairment secondary to a physical disability.

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In relation to your Hartford case above or in your experience have you seen insurance companies try to characterized cognitive impairments due to a traumatic brain injury (TBI) as a mental condition? As it is very common to encounter claimants that experience depression due to the TBI or due to an impairment resulting from a physical disability or deformity.

Attorney Stephen Jessup:

Katy, it is not uncommon for a carrier to try to characterize it as a mental health condition until such time brain imaging shows it is organic in nature or stemming from a physical injury.

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