COPD Disability Insurance Claim Information and Legal Help

Even though many people with chronic obstructive pulmonary disease (COPD) cannot work, disability insurance providers look for reasons to deny their short or long term disability benefits. COPD is a chronic condition and disability insurance companies try to argue that the claimant should be able to work in a sedentary capacity. Under state and federal law, insurance companies cannot deny benefits for arbitrary and capricious reasons. In other words, they cannot deny your benefits unless they have a good reason. It is important to have proper support from a pulmonologist and often an Internal Medicine treating doctor. We work with our client to make sure the proper objective testing has been completed. We also make sure that the medical records and physician forms required to be sent to the insurance company are completed correctly. One mistake can be the difference between either approval or denial of your disability claim.

If your insurance provider denied your COPD benefits, or if you are about to file an application and want to make sure you have the best chance for approval, our disability insurance attorneys can help. Since 1979, our firm has helped claimants like you stand up to insurance companies that wrongfully deny or limit your benefits.

Our Disability Lawyers Understand COPD?

COPD refers to a group of lung diseases that block airflow and make it increasingly difficult for you to breathe. COPD affects nearly 32 million persons in the United States and is the fourth leading cause of death in this country. Risk factors for developing COPD include:

COPD treatment may include bronchodilators, corticosteroids antibiotics, flu and pneumonia vaccines, oxygen therapy and a program of exercise, management and counseling known as pulmonary rehabilitation. In severe cases of COPD, the doctor may suggest surgery to remove diseased lung tissue or to replace the diseased lung entirely.

Contact our disability insurance lawyers for a free consultation. We are available help claimants anywhere in the USA.

Resources

Review the following sites for more information about COPD:

We update this page frequently with information about COPD, including resolved cases and new regulations about disability insurance.

Read 4 Lawsuit Summaries

Leave a comment or ask us a question

There are 10 comments

  • Sherri, who is your disability carrier? The delays you have experienced are well beyond what is normal in a disability insurance claim. Please feel free to contact our office to discuss the denial of your claim and your appeal rights under the policy.

    Stephen JessupMar 20, 2018  #10

  • I have been on short term disability since September 11, 2017, I had gotten the first three checks and then after that hadn’t got a check for 14 weeks, they kept telling me they were waiting for doctors notes, which I have been there and seen the receptionists send and receive confirmation that they got it, They finally paid me after saying I was denied, but in that time I was getting into depression, crying all the time, not even leaving my apartment, they finally paid after the receptionists called them herself and yelled at them, I got payment from January 1st to the 28th, Now here I am again going on 8 weeks with no money from them, I had just got off the phone with them and they told me I was denied, Mind you I was in the hospital again February 28th th, got out on March 7th, I am now going on 8 weeks with no pay again, getting in that depression again, Had to make an appointment for a therapist cause I feel like I am going crazy, Is there anything I can do, I have COPD and Occupational Asthma, and feel that they are making me feel worse.

    Sherri C.Mar 19, 2018  #9

  • Marlen, we would need to see your policy to be able to properly advise you. If you have a copy of same please feel free to contact our office to discuss your situation further.

    Stephen JessupDec 15, 2017  #8

  • I have moderate copd. Wich is stage 2. I also take ambien and prosac, for that I see a physiologist. I have anxiety and sleeping problems. I’m currently employed with the school district and have disability insurance. Do I qualify for long term disability? Or what can I do? I have a lot of trouble waking up in the mornings and do not feel good during the day.

    Marlen C.Dec 14, 2017  #7

  • Alan, mortgage protection and policies of the like are very specific as to what they will pay for. Without a copy of the policy we would realistically have no way of providing you and direction. This may not be of issue but I see that the email address as a uk notation- if you do reside outside of the US and/or your policy is governed by another country other than the US we would not be able to assist you. Otherwise, please feel free to contact our office to discuss.

    Stephen JessupMar 9, 2016  #6

  • I have been diognosed with copd. I am at present working but find it hard as I work for a plastering company. I have insurance that covers my mortgage etc as this is a critical illness. Would my insurance company pay out a claim for this as I know my copd will get worse over the years and I also took out a life policy with. The mortgage policy. Regards mr a berry

    Alan B.Mar 9, 2016  #5

  • Shirley,

    If you have sufficient work credits to be eligible for SSDI then you can by all means apply. However, please note that Social Security usually requires you to have been disabled for a year before benefits are payable.

    Stephen JessupJan 29, 2015  #4

  • I am currently unemployed with no income coming in, and am in the process of being diagnosed for sleep apnea anc diagnosed with having COPD. I have currently been tested for sleep apnea, and underwent pulmonary functioning testing. I have an appointment next week for the sleep doctor to read the results of these tests. I do know I do not have ashma, and during the sleep apnea testing I was told I stopped breathing 70 times during an hour of monitoring. At this point the doctor has told me I am unable to work at this time until all avenues have been explored and a decision made as to whether I can return to the workforce, or not. I would just like to know what options I have available to me, and if I would be able to get SSDI or even partial disability while going through all the testing, diagnosing and whatever else I may need to do. Any information is greatly appreciated.

    Thank you for your time,
    Shirley Evans

    Shirley EvansJan 28, 2015  #3

  • Cindy,

    You can certainly apply for SSDI on your own. LTD and SSDI as you know are two separate processes and standards- so there is no way to determine which entity is going to pay what and for how long. Cigna could approve your LTD and then deny it at a later point regardless of a positive SSDI outcome. Please feel free to contact our office to discuss how we may be able to assist you.

    Stephen JessupDec 14, 2014  #2

  • I have COPD Stage 3. I have received STD which will run out 1/2/15. The company pays for 26 weeks LTD and states they have a company Advantage 2000 that will help prepare me in filling out the SS paperwork and it is free. I haven’t received the approval yet (on the LTD). Should I just apply for SSD on my own if the LTD goes thru? If I do get approved for SSD will the LTD continue to pay until I receive SSD providing it does not go beyond 26 weeks? I also have severe Obstructive Sleep Apnea which they don’t seem to consider. I also had lung cancer and had a lung resection which I feel makes the COPD worse and I seem to have more COPD episodes. My insurance company is Cigna and they are not very pleasant to deal with on anything. Thank you for your assistance.

    CindyDec 13, 2014  #1

FAQ

Do you work in my state?

Yes. We are a national disability insurance law firm that is available to represent you regardless of where you live in the United States. We have partner lawyers in every state and we have filed lawsuits in most federal courts nationwide. Our disability lawyers represent disability claimants at all stages of a claim for disability insurance benefits. There is nothing that our lawyers have not seen in the disability insurance world.

What are your fees?

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.

Do I have to come to your office to work with your law firm?

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.

How can I contact you?

When you call us during normal business hours you will immediately speak with a disability attorney. We can be reached at 800-682-8331 or by email. Lawyer and staff must return all client calls same day. Client emails are usually replied to within the same business day and seem to be the preferred and most efficient method of communication for most clients.

Reviews

Bruce R. (Arizona)

Steve Dell has done an exceptional job with my disability application process. The firm is extremely well managed. They have acquired an incredible amount of experience over many years. I recommend them for disability insurance claims without reservation. 

Don (Florida)

I called this firm a few months ago completely disparaged due to a company cutting off disability benefits at a time that nearly caused me to lose everything.

Attorney Alex Palmera and Danielle worked hard to reach an amicable settlement and my case was settled a few months later. This is a good firm and the specific expertise in disability claims saved me countless hours of hassle at a time when an already fragile state existed.

Thank you Mr. Palamara and Danielle.

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