Cancer Disability Insurance Benefits Claim

    How can Disability Insurance Attorneys Dell & Schaefer assist you?

    As disability insurance attorneys, Dell & Schaefer have represented numerous long term disability claimants that have been unable to work as a result of being diagnosed with cancer. Disability Attorneys Dell & Schaefer have an expansive understanding of the significant restrictions and limitations that a person with cancer must live with on a daily basis. We have worked closely with top physicians in order to sufficiently satisfy a disability carrier’s threshold of evidence necessary to prove that a client is disabled by cancer.

    Not everyone suffering with cancer qualifies for long-term disability benefits, therefore the medicals records of each client must be reviewed to determine the level of restrictions. With most clients suffering from cancer, it is the side effects of the medication and therapies which prevents them from being able to work. While many people are able to go into remission we have represented many disability claimants that continue to suffer with fatigue, brain fog, anxiety, depression and cognitive impairment as a result of the their cancer treatments.

    We welcome the opportunity to discuss your long-term disability claim. You can contact us for a free initial consultation.

    What is cancer?

    Cancer refers to any one of a large number of diseases characterized by the development of abnormal cells that divide uncontrollably and have the ability to infiltrate and destroy normal body tissue.

    Cancer begins in your cells, which are the building blocks of your body. Normally, your body forms new cells as you need them, replacing old cells that die. Sometimes this process goes horribly wrong. New cells grow even when you don’t need them, and old cells don’t die when they should. These extra cells can form a mass called a tumor.

    Tumors can be benign or malignant. Begnin tumors aren’t cancer while malignant ones are. Cells from malignant tumors can invade nearby tissues. They can also break away and spread to other parts of the body.

    Cancer is the second-leading cause of death in the United States, second only to heart disease. One in four Americans is diagnosed with cancer everyday. There are over 200 known types of cancer that can affect the human body.

    How the symptoms and treatment can affect you

    Although each type of cancer has its own specific set of symptoms, there are general symptoms that occur in many types of cancer such as; persistent fatigue, unintentional weight loss, lower back and stomach pain, fever, bowel changes and chronic cough.

    These general symptoms in combination with the more specific symptoms of the type of cancer a person suffers from can be debilitating, both mentally and physically.

    Treatment also varies based on the type of cancer and its stage. The stage of a cancer refers to how much it has grown and whether the tumor has spread from its original location. Surgery, radiation, chemotherapy are the most common types of treatment for various types of cancer. The side effects of chemotherapy and radiation can be unpleasant and can include radiation recall (reddening and blistering of the skin), fatigue, nausea, pain, hair loss, anemia, infection, blood clotting problems, nerve and muscle effects, skin and nail effects, fluid retention and flu like symptoms.

    For most people with cancer, living with the disease is the biggest challenge they have ever faced. The disease changes your daily routines, roles and relationships. It can cause money and work problems as those who suffer from cancer often find themselves unable to continue to work due to the physical and mental demands of the disease and treatment. It can change the way a person sees themselves physically and emotionally.

    However, through prevention education, early screening and improved treatments, overall diagnosis and death rates have dropped and survival rates have increased.

    Resources and information

    There are many valuable sources of cancer information available. You can also access resources over the internet such as:

    There are numerous charities dedicated to cancer research, prevention, detection and treatment including:

    Recently Resolved Cases (13)

    1. CIGNA Overturns a Waiver of Premium for Group Life Insurance Policy
    2. Successful Appeal Against Prudential Gets Breast Cancer Survivor Back on Claim for LTD Benefits
    3. Sun Life overturned previous denial of LTD for California Diagnostics Manager
    4. Reliance Standard Insurance Company Overturns Decision to Deny Long-term Disability Benefits to Pediatrician With Ovarian Cancer
    5. Assurant overturned its previous denial of long term disability benefits for Maine Sales Consultant
    6. Team lead by Attorney Cesar Gavidia Forces Prudential to Overturn Long-term Disability Denial on Appeal for IT Support Technician Diagnosed with Cancer
    7. Prudential Overturns Decision to Deny Long-term Disability Benefits to Former JP Morgan Chase Financial Advisor With Mandibular Cancer
    8. UNUM Insurance Company reverses disability insurance denial for CFO/VP of Finance
    9. Berkshire approves total disability benefits for litigation attorney following surgery to remove a cancerous tumor and multi-level fusion of cervical spine
    10. Aetna approves disability benefits for dentist following brain surgery to remove a tumor
    11. Attorneys Dell & Schaefer win benefits for client under a catastrophic illness policy
    12. Dentist wins appeal and UNUM Provident pays disability benefits
    13. Unum Provident pays total disability benefits to a chiropractor with breast cancer

    Cases & Claim Tips (22)

    1. If Your Long Term Disability Claim is Denied due to a Pre-Existing Condition, All May Not be Lost 
    2. Florida Court Upholds Hancock’s Termination of Long Term Care Benefits 
    3. Tennessee Court Rules That Hartford’s Failure to Examine Patient Was An Abuse of Discretion and Overrules Disability Denial 
    4. Cancer and Long Term Disability Insurance Policies 
    5. Appellate Court Rules That Hartford’s Failure to Examine Patient Was An Abuse of Discretion and Overrules Disability Denial 
    6. Texas Disability Insurance Companies Can Be Subject to Bad Faith Claim 
    7. Court Takes Sun Life To Task For Denial Of Disability And Life Insurance Benefits Of Man With Brain Tumor 
    8. Weston Engineering employee sues AETNA Life Insurance Company for denied disability benefits  2
    9. CIGNA under fire in Minnesota Federal Court for termination of claimant’s disability benefits 
    10. New Jersey claimant files suit against New York Life, Unum and Paul Revere for miscalculated disability benefits  1
    11. Disabled attorney forced to sue UNUM for her disability benefits 
    12. CIGNA/LINA sued by Lockheed Martin employee for unpaid disability benefits  3
    13. Medical Secretary suffering from “failed back syndrome” and leukemia sues The Standard Insurance Company for disability benefit denial 
    14. CIGNA denies disability insurance benefits to Engineering Manager with Stage 4 cancer  2
    15. Sunlife denies disability benefits to Wise Foods employee disabled by cancer and shoulder surgeries  2
    16. Georgia disability lawyer sues Aetna for terminating disability benefits to Georgia woman with rectal cancer 
    17. Aetna fails to review Bank Of America employee’s ERISA disability benefit appeal timely resulting in lawsuit by an Illinois disability lawyer 
    18. Unum’s disability claims handling tactics are exposed in New York Federal Court  4
    19. Unum Provident’s appeal of long-term disability benefits awarded to a New York tax attorney is denied 
    20. Prudential denies long-term disability benefits to a breast cancer survivor and Attorneys Dell & Schaefer file appeal challenging denial 
    21. Health insurer accused of overcharging millions 
    22. Court holds that decedent did not intentionally misrepresent a prior medical condition in his application for life insurance benefits 

    Comments (20)

    • John, no LTD claim is automatic. Sometimes the LTD claim is automatically reviewed once your STD benefits are exhausted but the LTD carrier will still have to do a review to determine if you meet the terms of your LTD policy.

      Victor Pena Feb 20, 2018  #20

    • My cancer came back and it is now considered stage 4 and I am off work for now on STD. I figured Stage 4 would be automatic for LTD but looking at others stories I may be wrong?

      John Feb 19, 2018  #19

    • Jill, please feel free to contact our office to discuss your claim in detail. You are correct that the focus of the disability should be on the cognitive aspects of work as opposed to the physical ability.

      Stephen Jessup Oct 5, 2017  #18

    • Mr Jessup.
      In June 2016 I was diagnosed with stage 2 infiltrating right breast cancer with subsequent surgeries (2 and a right mastectomy) 2 forms of chemo and 6 weeks of radiation. I will be taking a hormone suppression medication for the next 10 years. I will be having a left mastectomy Oct 11th.

      The Hartford cancelled my LTD they said because they did not receive the paperwork that they requested from my chemo-therapist. The side-effects that I still have make it impossible for me to work in the capacity of an in-patient psychiatric RN..my career since 1999. My chemo brain, tremor/numbness anxiety/startle response, fatigue and diminished eyesight would impact my ability to assess, safely medicate, take orders, chart and respond in an emergency situation. Hartford is focused on “how far can you walk?” kind of stuff… not what is critical in my position. Thanks

      Jill A. Oct 3, 2017  #17

    • Toni, if you are covered under an disability insurance policy through your employer or have one you purchased on your own then you could explore filing a claim for benefits. If you do not have such a policy your only option may be social security disability. You would need to consult with an attorney than handles SSDI to discuss your options.

      Stephen Jessup Aug 25, 2017  #16

    • Hi. My name is Toni, I’m 44 years old, was diagnosed with breast cancer in december 2017, had mastectomy of right breast, went back to work only part time. Medications have me unable to really focus, medical assistant for years, had hysterectomy june 21 2017. Had cervical fusion in 2008, now having issues with my neck again since mastectomy I’m right handed and that my dominant hand hard to grasp things. Didn’t have chemo or radiation, taking pill for next five years, been on three different kind due to severe side effects. Want to work but only working 16 hours a week, right arm swelling. What are my options?

      Toni Aug 22, 2017  #15

    • David, your worries are not unfounded as the concern you expressed happens to many people. When cancer is in “remission” the insurance carriers will typically interpret that to mean that you are fine to return to work regardless of any of the lingering effects of medication/treatment, etc. Please feel free to contact our office if you would like to discuss your situation further.

      Stephen Jessup Jul 24, 2017  #14

    • I was diagnosed with chronic lymphatic leukemia and currently undergoing chemotherapy with strong chance for remission within 6-8 months of starting therapy. Long-term disability starts after 90 days of discontinuing work and lasts for 2 years. My concern is that once in remission and physicically doing better, the insurance company will discontinue the disability bnefits claiming that I am no longer disabled. I will still have chronic leukemia that is in remission. Are my worries unfounded and will I be able to continue the the full 2 years of benefits that I have paid with a life time of premiums?

      David Jul 20, 2017  #13

    • Tina, we handle claims related to privately purchased or employer provided disability insurance claims, do you have any such coverage? If not your only option would be to explore SSDI if you are not able to work due to your conditions.

      Stephen Jessup Mar 14, 2016  #12

    • I was diagnosed with Stage 2A breast cancer in 2009. I had chemo and about 37 rounds of radiation. In addition I had several surgeries one of which was a bilateral mastectomy.
      I took the year off to complete my treatments and surgeries. I returned back to work in January 2010.
      Since then I have diagnosed with Graves Disease and have been on medication for several years which is frequently being adjusted. I have anxiety that prevents me from sleeping and sleep apnea. I also suffer depression and one of the hardest of all is the fatigue.
      I have joint pain all most all of the time, migraines and of course Chemo Brain.
      For the last year and a half I have been experiencing eye problems and vertigo. After several doctors I finally found a doctor that has at least identified the problem.
      I have quite a few different things going on and it just keeps getting harder to keep up with my obligations.
      I don’t know if any of this qualifies me for any assistance. But I’d like to check my options.
      Thank you,
      Tina

      Tina Mar 14, 2016  #11

    • Kathleen,

      Your situation is not at all uncommon. With many cancer survivors on disability as soon as the cancer is in remission the insurance companies will view it as you being fit for return to work. It then becomes a battle to prove the effects of the treatment continue to disable you, which can be very hard to do given the subjective nature of fatigue and concentration problems. Please feel free to contact our office to discuss your claim moving forward.

      Stephen Jessup Oct 14, 2015  #10

    • I was diagnosed with colon cancer 2010 was on ltd for two months and went back to work after finishing chemo. Cancer returned and spread to lungs. Was approved for ldt and company recommend by MetLife help me get social security which was awarded in December 2014. Finished chemo end of December 2014. No evidence of desease as of October 2015. MetLife contacted oncologist in May. Oncologist said could not go back because of fatigue, brain fog and pain in joint and muscles, bones and depression and anxiety. MetLife constantly calling to get me back to work. They called me the end if September and told me the would not bother me for six months to a year. They called me today to inform me that they were going to ask my oncologist if I could do any work. I feel like I am being harassed. My oncologist now is telling me to go to other doctors. Reumatologist states have high ana indicating an auto immune desease but can’t figure what which one. New primary said problems due to chemo. Was previously seeing psychiatrist for depression anxiety. Feel like I have no support. I am a widow with no other means of support except my ltd and social security. All of this has put me in such a high state of anxiety. Worse than previously. I am hoping you can tell me what to do. My oncologist is getting annoyed. He seems like he is only concerned that I am desease free now. Even though he and my reumatologist said the cancer would be back and try to enjoy everyday.

      Kathleen S Oct 13, 2015  #9

    • Angela,

      Unfortunately, without seeing a copy of the policy, correspondence and medical records/claim forms we would not be able to give you much insight as to what is needed to perfect your claim. Please feel free to contact our office to discuss your claim in greater detail.

      Stephen Jessup Sep 19, 2014  #8

    • Hi,

      I’m Diagnosed with MPN/polycythemia Vera also with Essential Thrombocytosis. MRI review by my neurologist indicated advanced microvascular disease with lacunar imfarct (stroke) affecting executive function, and several other CV accidents. I was also diagnosed with Erythromelalgia. I am pursuing tests to determine if there has been vascular damage to other areas or organs. Currently on low dose Chemo and have started medication for secondary stroke prevention and short term for sleep and anxiety. Cigna nas received the neuro report but questioned it because the follow up was in 4 months. Cigna keeps asking for what my restrictions and limitations are but are not accepting the doctors responses. Last form he indicated ‘no work, no stress’.

      I have severe fatigue, anxiety, cognitive problems related to Chemo and I assume also the stroke. The chemo is causing stomach pain, nausea, weakness, muscle pain etc.

      What is Cigna looking for. My doctor doesn’t seem to be giving them the right answers and this is continuing to delay the STD determination. I’m seeing the doc again tomorrow and foes are due again. I will most likely need your help in the future but wanted to see if you could provide some direction for filling out the limitations and restrictions part. I am really sick and this is really not helping at all. Thanks in advance.

      I work in clinical drug developement and manage several people. My job has very high demands and requires constant decision making, solution finding, maintaining a high-functioning team, planning, a lot of conversations and engagement with others etc at a very fast pace. There is no way that I can properly do my job in this condition.

      Angela Sep 18, 2014  #7

    • Alice,

      I agree that Chemo Brain is a very real thing, but in order for your cognitive decline to be associated with same you will need to discuss with your doctors the ways to establish that.

      Stephen Jessup May 8, 2014  #6

    • Dear Stephen,

      The test results concluded that depression and anxiety were the cause of my cognitive decline.

      Yes, I have been treated for depression and anxiety for years prior to the cancer and during. Is there any way for me to prove that the chemo therapy and radiation treatments were the cause of my cognitive decline? I’ve submitted the test results to my LTD carrier and now feel that I’ve made a huge mistake! “Chemo brain” is very real and I would think it could be used as part of my disability claim. Please advise…

      Alice Ann May 7, 2014  #5

    • Alice,

      Neuropsychological testing would be the appropriate testing to document cognitive decline. Did the test results indicate the decline was on account of your physical medical conditions or did it indicate some other basis for the problem?

      Stephen Jessup May 4, 2014  #4

    • I was diagnosed with Stage 1 lymphoma large cell B in March 2013. Chemo therapy treatments and radiation treatments followed. Because I was unable to return to my former job I was placed on LTD benefits from CIGNA. To date I am suffering from cognitive impairments, fatigue, lethargy, depression and anxiety. I am currently working with a psychiatrist who has been working with the forms necessary to be filled out for helping to support my LTD claim with CIGNA (he seems to be expert in working with disability claims). On my own accord I visited a neurologist in Oct 2013 who provided no help for the cognitive impairments except to refer me to have neuropsychological testing. Per this testing it was determined that I had mild to moderate cognitive impairment and the source of the impairments were coming from depression and anxiety. No mention of possible effects of chemo and radiation treatments was mentioned.

      Is there no official diagnosis for “chemo brain”? How can I prove that the chemo and radiation treatments caused the cognitive impairments? I had suffered from depression and anxiety PRIOR to the cancer but DID NOT have the cognitive impairments I currently experience prior to the cancer. I have turned over the report of the testing over to CIGNA and now I am afraid that I have ruined my claim because there is no definitive arrow pointing to cancer treatments as being the source of the problems I am now experiencing.

      This comment may appear to be too organized for someone with cognitive decline, but believe you me this comment took over an hour to complete.

      Alice Ann May 3, 2014  #3

    • Debi,

      I am sorry to hear about your situation. You need to file an appeal in order to have a chance of having your benefits reinstated. Please contact us privately at 800-828-7583 so that we can discuss your options with you.

      Gregory Dell Dec 31, 2011  #2

    • I was diagnosed with Castleman’s Disease in 2007, had malignant tumor 8.5 cm in left kidney by the time it was found and lost kidney. Continued to work for last 3.5 years in executive position at college. Lost 5 staff to RIF and ran student affairs office for @3,000 student with 22% having significant and serious disabilities documented and others with serious mental health issues. Working 16-17 hours days with only one other staff and myself. Severe systemic symptoms – began having progressive signs of chronic kidney disease, blood work showing problems, and then spot showed on right kidney one day before received letter from Liberty Mutual denying my STD any longer than Nov. 30, because it seemed I could continue to work. Documentation from both oncologist and primary care stating that it would be against their medical advice for me to RTW and requested extension through March 2012. Now have to appeal – no benefits after Nov. 30 (even though they had all doctors input since November 8, didn’t hear until December 20.

      What do you recommend?
      Distraught Dean.

      Debi Pitts Dec 26, 2011  #1

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    Since we represent disability insurance claimants at different stages of a disability insurance claim we offer a variety of different fee options. We understand that claimants living on disability insurance benefits have a limited source of income; therefore we always try to work with the claimant to make our attorney fees as affordable as possible.

    The three available fee options are a contingency fee agreement (no attorney fee or cost unless we make a recovery), hourly fee or fixed flat rate.

    In every case we provide each client with a written fee agreement detailing the terms and conditions. We always offer a free initial phone consultation and we appreciate the opportunity to work with you in obtaining payment of your disability insurance benefits.

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    No. For purposes of efficiency and to reduce expenses for our clients we have found that 99% of our clients prefer to communicate via telephone, e-mail, fax, GoToMeeting.com sessions, or Skype. If you prefer an initial in-person meeting please let us know. A disability company will never require you to come to their office and similarly we are set up so that we handle your entire claim without the need for you to come to our office.

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