Insomnia is a medical condition which has been contributing to a significant number of short and long term disability claims over the last few years. The medical and legal challenge we often encounter with Insomnia disability claims is whether Insomnia is a mental or physical disability. If it is considered a mental condition then most ERISA governed group disability policies will attempt to limit disability benefits to a two year maximum benefit period. Insomnia is a very disabling condition, because if a person cannot sleep at night, then how could they possibly have the mental capacity to complete their duties during an 8 hour work shift the next day. Disability carriers will argue that with the proper sleep medication, a person can be cure from Insomnia. In some cases this is true, but not every case. The side effects of drugs like Ambien and Lunesta cause more harm than good for some people. It is a horrible situation for people with insomnia and it is even worse when a disability carrier try to argue that the person should be able to return to work without any problems. Insomnia is a subjective condition and there are very few test which can verify the condition. There are sleep study test, but the sleep study test are subjective and not designed to deal exclusively with Insomnia.
We recommend that all of our client with insomnia treat with a board certified sleep specialist. Most claimants are not aware that a sleep specialist doctor exist. We have worked with the some of the best sleep doctors in the country and we know what it takes to properly document medical support for a person with insomnia. Insomnia is a chronic problem which prevents millions of people each year from performing their jobs with reasonable continuity. Many of our clients disabled by insomnia have additional disabling conditions which contributed to their inability to work. Insomnia often coincides with other disabling conditions such as anxiety and depression, neurologic disease, sleep disorder, pain disorders, respiratory conditions, urinary disorders, and gastrointestinal disorders.
Our disability insurance attorneys have been helping disability insurance claimants since 1979 and we invite you to contact us for a free consultation to discuss your disability claim. We can help with the application for benefits, ERISA appeal, or filing of a lawsuit in any federal court nationwide.
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