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Meniere’s Disease Disability Claim Help and Tips


  • Menieres Disease Long Term Disability Claim

If your disability insurance carrier has claimed that your Ménière’s disease is not disabling, or you are considering filing a short or long term disability claim, then disability insurance attorneys Dell & Schaefer can assist you. Ménière’s disease is often categorized by insurance companies as a subjective complaint condition and they attempt to deny the claim due to a lack of objective evidence. Just because the cause of Ménière’s disease is unknown does not necessarily mean that the restrictions and limitations it causes are not objective. Our disability lawyers have helped numerous claimants that have been unable to work in any occupation as a result of Ménière’s. It is critical to hire a disability insurance lawyer that understands Ménière’s disease and can provide you with references of actual clients that have received long term disability benefits for the conditions. We have represented claimants with Ménière’s that worked as airline pilots, business owners, and engineers. We always recommend that our clients with Ménière’s receive treatment from an experienced otolaryngologist (aka ENT doctor).

Common Disability Insurance Company Arguments Against Ménière’s Disability Claim

Proper documentation of your symptoms and limitations is essential in order to obtain long-term disability benefits. There are multiple tests that can be performed in order to verify some of the symptoms associated with Ménière’s. The challenge with this condition is that the symptoms are not constant in most cases and some claimants can go weeks or months without an episode. Disability companied will obtain video surveillance of a claimant on a good day and then claim the claimant can return to work. This is an unethical argument as anyone that understands Ménière’s knows that there are good days and bad days. The bad days are horrible and during flare up the bad days can turn into weeks where the person cannot get out of bed. It is very difficult for a person with Ménière’s to commit to a regular work schedule; especially when attacks are unpredictable. Our lawyers understand this horrible disease and as such we know what it takes to properly document and obtain the medical support necessary to give you the best chance to collect disability benefits. Unfortunately most of the inexperienced insurance company claims representatives have never heard of Ménière’s disease and therefore don’t know what to do. We protect your interest and do everything possible to get your claim paid.

Our Disability Lawyers Understand Ménière’s Disease?

Ménière’s is a disorder of the inner ear that causes abnormal sensory perceptions:

  • Sensation of a spinning motion (vertigo)
  • Hearing loss usually in one ear
  • Fullness or pressure in the same ear
  • Loss of balance and ringing in the same ear (tinnitus)

Unpredictable attacks of vertigo can lead to severe nausea, vomiting and sweating. This is often one of the most debilitating effects of Ménière’s disease. People who experience this are often forced to lie down until the episode passes, sometimes for several hours or days at a time. These spells can occur daily in some patients.

Some attacks start with tinnitus (ear noises), a loss of hearing, or a full feeling or pressure in the affected ear. A combination of vertigo, tinnitus and hearing loss lasting several hours is typical. These symptoms are experienced at varying frequencies, durations and intensities. A person’s hearing tends to recover between attacks but over time becomes worse.

Contact the Disability Insurance Lawyers at Dell & Schaefer

Let us help you. We have the knowledge and experience it takes to get you the disability benefits you deserve. We can set up a free consultation in person, over the phone or via video chat. We help disability claimants anywhere in the USA.

Resources for Ménière’s Disease

If you are looking for further information on this or other disabling conditions please visit:

Refer back to this page for new information about laws and case results that might affect your benefits. We update this page frequently. Check out our client testimonials and resolved case to learn more about our qualifications.

There are 24 opinions so far. Add your comment below.

Rebecca Jansen:

I was diagnosed with Meniere’s Disease several years ago and have been managing the symptoms as to my physcian’s Dr. Danner and Dr. Bartels orders so as to be able to continue to work full-time. However. this has not been without challenges. Recently I’m finding it increasingly more difficult to work in the position I hold, the noise of Tinnitus and inner ear pressure seem to be getting worse and occurring more frequently and for longer periods which makes it nearly impossible to stay focused, or concentrate on my job and perform with accuracy, as well as communicating and listening effectively with co-workers. This in itself causes me severe stress and anxiety day and night which exasperates the whole condition of Meniere’s. I am considering filing for disability, for I no longer have the confidence, or ability to perform my job adequately. Your thoughts, or opinion would be appreciated. Thank you!

Attorney Greg Dell:

Rebecca,

I am sorry to hear about the difficulties you are experiencing. Your questions requires us to have more information in order to determine if you have a potential claim. For starters, we would need to review your disability insurance policy and understand the requirement of your job duties. Additionally, we would need to discuss the support you have from your treating doctors. Please contact us privately to discuss your claim.

Melessia Langatau:

My name is Missy, I am 31 and have been suffering from Meniere’s disease for almost 4 years. I have vertigo so severe I can’t stand or even open my eyes sometimes for 2 to 8 hours. I have had 4 surgeries in the last 13 months to help control my Meniere’s; the last surgery I had to help control the symptoms the Doctors cut my left vestibular balance nerve in my brain stem and now I have balance issues and continuing hearing loss. I don’t drive and never go anywhere alone for the fear of an Meniere’s attack. Can you help me get disability so I can once again help provide for my family?

Attorney Greg Dell:

Missy,

If you have a disability insurance policy we would be glad to help you. If you don’t have a disability insurance policy, then you need to apply for SSDI benefits.

Gary:

My name is Gary, I have a question regarding the disability policy. Would this be a policy that we have purchased similar to car insurance? Or is it through the employer?

Attorney Stephen Jessup:

Gary,

A disability insurance policy is either one you purchase individually from an Agent or one that is provided as part of your benefits package from your employer.

James A. Shifflett:

My name is Jim, I’m 58 years old. I’ve been dealing with Vertigo symtoms for sometime. Have been to ER, Family physician, ENT’s, The second one finally did a series of test and diagnosed me with Meniere’s. Have hearing loss in right ear and have to keep an ear plug in because of pressure. The ENT advised me if I had an attack while driving my car or machinery to stop imediately and call 911. My job consist of forklift driving, alot of looking up and down and very demanding which sometimes will trigger an attack.Then I have to take a med that makes me very drowsy. I know stress sometimes triggers and makes this disease worse. What to do next? Thanks for your time.

Attorney Stephen Jessup:

James,

If you are unable to work due to your medical condition, which from what you have shared it does seem that you would have restrictions and limitations, you can explore short and/or long term disability benefits through your company (if they provide coverage). If you do not have disability coverage through your employer your only other option would be to look into filing for Social Security disability benefits.

Teri:

I have been diagnosed with Menieres recently, but had a fall last Feb. I was walking at work normally until I wasn’t. There was nothing on the floor and I was simply walking like normal. The next second, I was on the floor, hitting the back of my head, my left elbow and my tail bone areas. Diagnosed with three breaks in the sacrum that have now healed. I have (and will always have) chronic back pain because of complete tear in the right medius gluteus tendon with 2 cm retraction of the tendon and a partial tears in the left gluteus medius and gluteus minimus all at the ischial. Tendonitus, busitus, etc. I have bulging discs L/2/L3 L3/L4 L4/L5 L5/S1. I suffer from incontinence since the fall at work. WC cancelled because I no impairment to BREAKS. All other issues not resolved.

Anyway, been suffering from vertigo, headaches but not migraines, fullness, ringing, dizziness etc for about five years. I have hearing loss at lower decibels. I am beginning to be paranoid while even riding in a car because my depth perception is off. Anxiety levels are off the chart. I have lost my job (they offered it back after the bones healed ) but since I cannot sit or walk more than a few minutes without support and can only stand twenty minutes my lifelong career in restaurant management is clearly over. I have applied for LT disability (Matrix Ins-co paid) as well as SSDI. what are my chances? I may have to move since I need to be able to get places and the town I live in does not offer public transportation. My husband is also on disability for stage four renal failure. I have not hired a disability attorney because I have not recieved a denial from either disability application.

Attorney Stephen Jessup:

Teri,

Without an in depth review of the facts and circumstances of your case (such as medical records, occupational demands, etc) we would not be able to provide you with an idea of your chances of success. In the event of a denial of benefits, or if you have additional questions, please feel free to contact our office. I would also suggest you contact a worker’s compensation attorney to discuss what rights you may have in light of the cancellation of worker’s compensation benefits.

John:

I have recently been diagnosed with Meniere’s by my ENT. The affliction just started this past February complete with vertigo, hearing loss, tinitus, and fatigue. I also have sleep apnea, Fuchs dystrophy, and morbid obesity. Since February I have had 4 episodes and missed 2 days of work. I am 60, what do you think are my chances of getting SSDI if you represent me?

Attorney Stephen Jessup:

John,

We do not handle SSDI claims – we only handle claims under employer provided or individually purchased disability insurance policies. If you need assistance in finding a SSDI attorney please feel free to contact our office and we can assist with same.

Angela R.:

I’m 58 years old. I have just decided to take a leave of absence and try to get STD. I have seen an audiologist and got a hearing aid for my left ear and was told my left ear, which is my good ear is 70 dcbls, and my right ear is “horrible”. It has been awhile since I had that hearing test so I am going back to get another one because I feel my hearing is worse. I have an appointment next week to see my primary doctor and get a referral to an ENT because I’ve had tinnitus a long time but i have been getting dizzy and nauseous. I cut my hours at work because I can’t hear anyone talk to me and it’s affecting my communication skills and concentration skills. Unless someone stands in front of me I can’t hear them. I get teased alot at work about my hearing and it’s causing me alot of stress, I get anxiety attacks and I’m depressed. I’m praying I can get STD and maybe LTD or even SSDI.

Attorney Stephen Jessup:

Angela, please feel free to contact our office should you have any questions or need any assistance.

Harold:

I have had Meniere’s for about 2 years, I have LTD coverage and have been getting a supplement from the company, Aetna. I also get SSD. I was told from the beginning that I will continue having coverage until 2025 if I continue to have incapacitating vertigo and other symptoms, which I have and continue to have. I was informed the other day that I am only covered for 2 years, then payments stop. I not only have Meniere’s but also chronic fatigue, a bad knee, a stroke (recovered other than memory/concentration problems) and small fiber neuropathy. All these ailments were submitted from various doctors at the beginning of the claim. Now they are telling me that Meniere’s is the only thing that was considered in the claim. Can they stop payment like this on me?
Thanks

Attorney Stephen Jessup:

Harold, coverage eligibility may be available to 2025- if you meet the definition of disability under the policy. It appears that your policy has a 24 month own occupation definition of disability and after that period of time Aetna will review your claim to determine if you remain disabled from performing another occupation. Unfortunately, a carrier can terminate a claim for benefits if it determines you do not meet the definition of disability and often do so based on a review of your file by a medical professional. That being said you have rights under the law, to include the filing of a mandatory administrative appeal. Please feel free to contact our office to discuss how we may be able to assist you in appealing the denial.

Bryan:

Hi, I have Meniere’s Disease since 2011, when my very first of many vertigo episodes happened, I was taken by ambulance to ER. Several weeks later was finally diagnosed by my ENT. I resigned from my federal job in 2015. I did not know anything about federal disability and I need a rep fight for it. I have a reason to believe I was incompetent then and still am….I also have bilateral severe to profound hearing loss and Wernicke’s Aphasia due to brain damage at birth which causes me difficult in comprehending written or vocal communications. I am also diagnosed as having sleep apnea. I am 53 yrs old, have worked 34yrs, tired of trying to be normal, throwing in the towel. Someone please help.

Attorney Stephen Jessup:

Bryan, we do not handle Social Security disability claims, but we can assist you in finding someone who does. If you had a policy through your department from a private carrier while employed the policy would have likely lapsed at the time of your retirement.

Dave:

I am on company long term disability with Aetna because of menieres disease. I have been approved for SSDI a few months ago. My long term disability runs out in 3 months and Aetna is reviewing my case for total disability. My company policy states that I should be able to make at least 60% of what I used to which would mean I need to make at least $60,000. I am 62 years and dont believe I can make that in any occupation now.Is there anything I can do to increase my chances to being approved for total disability? Thanks

Attorney Jay Symonds:

Dave, it sounds like you’re saying that your disability under the own occupation definition runs out in 3 months and Aetna is reviewing your claim for continued benefits under the any occupation definition of disability. If that is the case then you must establish that you are unable to perform any gainful sedentary occupation. There are steps you can take. I suggest you contact our office and speak with one of the attorneys to address your specific questions regarding your situation.

Sheryl:

Hi. I have had Menieres for about 5 1/2 years. I started a new job in Feb of this year. I have 2-3 attacks a month. I have seen an ENT specializing in Menieres, who has diagnosed me. I applied for short term disability because I was missing work and it was effecting my cognitive skills. I have tinnitus, hearing loss, and feel light-headed most of the time. There are times that I cannot drive and end up in bed for 2 days because when I have an attack, I violently through up for 3 1/2 hours and am exhausted. The day that I told my boss that I was going to file for STD, they fired me. I filed for STD and was denied. What can I do? Is it fair that they fired me?

Attorney Alex Palamara:

Sheryl, I am sorry to hear all that you are going through. Regarding your firing, you may need to speak with an employment law attorney. Regarding your disability claim, you have the option of challenging that denial and filing an administrative appeal to fight the denial. If your STD policy does not pay for pre-existing condition claims, you may have an issue. Feel free to call our office for a free consultation, Alex

Alice L.:

I was diagnosed 4 year ago with Ménière’s disease. I just had a recent appointment with my ent I have my hearing test first when I met with my ent dr she told me my hearing loss process I lost more hearing I have all the symptoms ringing wind blowing tinis dizziness vertigo, sometimes I cannot get out my bed. I work full time but I cannot do a full work week. I have FMLA, it’s hard to deal with not hearing keeping me off balanced. My Ménière disease is progressing no cure that’s what my ent dr said.

I feel I cannot due my job which I moves constantly walking and I cannot do that if it wasn’t for FMLA I probably would be fired by now. I’m out of work 2 to 3 day when it hit me I cannot get out my bed. I’m nauseous. December 7 2019 I had tumor removed from my puritary gland it seem like my disease progressed more, my life such rt now I’m wanting to apply for disability.

Attorney Alex Palamara:

Alice, I am sorry to hear all that you are going through. In order to qualify for short term and long term disability insurance benefits, you must be unable to perform the material duties of your own occupation. From what you describe, it sounds like you should qualify and have a viable claim. However, there is no guarantee and you must make sure that your medical records are supportive and that your treating physician will be willing to be supportive as well. We assist people in all aspects of their claim, including applications. Please feel free to contact us to discuss your claim in greater detail and we will gladly assist you any way we can.

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