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Rheumatoid Arthritis And The Cognitive Dysfunction Connection In Disability Insurance Claims

When most people think of Rheumatoid Arthritis (RA) the first thing that comes to mind is severe pain and swelling of the joints. More often than not, when a claim is made for disability insurance benefits due to RA, it is based on these complaints of pain. However, as noted in an Arthritis Today article titled “Brain Fog” there does exist a growing body of evidence to support cognitive limitations stemming from RA. Much like the better known “fibro fog” associated with fibromyalgia a person suffering from RA experiences pain and fatigue that can make it difficult to think clearly or concentrate. These difficulties can be especially problematic for those with occupations that require a high level of cognitive functioning. However, just like pain, it is often argued by disability insurance carriers that cognitive complaints are merely subjective and thus unverifiable. In turn, disability insurance carriers will often argue a lack of objective evidence of restrictions and limitations to support a claim for disability.

Although there may not be a large body of clinical medical evidence in support of cognitive limitations due to RA, there are enough correlations with other medical conditions that allow a skilled disability insurance attorney to properly present an insured’s claim for disability benefits based not on the physical effects of RA, but rather the cognitive effects. In some instances formalized testing, such as neuropsychological testing, can provide objective evidence of impairment to supports one’s “subjective” complaints of memory/cognitive problems. Often the testing reveals subtle changes in cognitive abilities that can be overlooked or even passed off as being within normal limits of cognitive functioning. However, with proper presentation of the results in the context of the duties of one’s prior occupational demands, what could be passed off as normal is in fact proof of cognitive limitations impeding one’s ability to work.

Potentially compounding this issue is the fact that often with any diagnosis related to a chronic pain condition there is secondary depression related to and on account of the physical medical condition. Insurance carriers will often try to argue that any complaints related to memory and/or cognitive functioning are a product of the mental health diagnosis. This in turn would subject the claim to a potential 24 month limitation for mental health conditions, which is often found in employer provided disability policies. As such it is crucial that any testing performed be focused on cognitive limitations due to a physical medical condition as opposed to a mental health condition.

I recently submitted an appeal with Hartford on behalf of a client who was facing this very reality. A former high level executive who could deal with the pain his RA caused, but fell victim to the fatigue and lack of mental clarity that came with the condition. Hartford had ignored all of his complaints of cognitive difficulties and instead only focused on the lack of physical pain complaints in his medical records. Neuropsychological testing performed by the SSA and as well as by an independent medical examiner during the course of the appeal both indicated deficits that would not only prevent him from performing his previous occupation, but any occupation similar in nature. We are awaiting Hartford’s decision on the appeal.

If you are suffering from Rheumatoid Arthritis and are experiencing cognitive difficulties on account of same and have questions about a short or long term disability insurance policies please feel free to contact our office for a free consultation.

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Reply

Sent on July 5th 2024 by Attorney Gregory Dell

David:

It’s horrible that Hartford did that to you.

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I am a physician in my 30s who was practicing in my hospital based medical specialty until my Multiple Sclerosis diagnosis began to severely limit my physical ability to work.

My husband and I were obviously in distress at these very unwanted life changes and frankly overwhelmed with the possibility of a long and traumatizing legal battle ahead of us. We knew we were legally entitled to benefits through the separate private individual and employer based ERISA disability insurance policies we had, but even cursory research and discussion with colleagues made it clear that insurance companies will strategize with their own legal teams to find ways to not pay out benefits. We found many before us who had fallen unwittingly into legal pitfalls that prevented them from ultimately obtaining benefits. We realized we needed to seek legal counseling.

We found Dell Disability Firm through their youtube channel where their associates have videos discussing the legal intricacies and latest developments in private disability law. I was impressed by their dedication to the field and reached out through their website to request a free consultation.

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We are happy to announce we just received approval of claim from the Hartford insurance company.

At this time we are still working with this firm as we await the final decisions from Ameritas policy that we are hopeful will have a similar outcome.

As anyone with a chronic and progressive illness can tell you, time becomes a very precious commodity. Through their representation, Dell Disability Associates has allowed us to focus the majority of our time enjoying the time and function I have left while resting assured that our disability case laid in competent and caring hands.

The truth is that no amount of money can make up for what we have lost, but it is a huge comfort to have a team like Dell Disability Lawyers at our sides to help us ensure we will be able to continue to care for ourselves and our families.

We highly recommend Dell Disability Lawyers, Mr. Steven Dell and Ms. Merlin Bryan to handle your disability insurance claim.

Thank you Steven, thank you Merlin!

We will certainly plan on leaving another review for completeness once we have our final decision from Ameritas.

Paula B.

I have been working with Dell Disability Lawyers for the past 5 years concerning my disability as it pertained to my employer. I have been more than pleased with them the entire time. They have always kept me informed of any paperwork needing completed or any changes coming ahead. Nothing has been a surprise. I would recommend them to you to help with your disability case if you’re trying to dip into the policy you’ve been paying for.

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I am a physician who has been disabled for over 10 years. During this time I have been represented by Cesar Gavidia and his assistant Danielle Lauria. Their representation on my behalf has allowed me to concentrate on dealing with my disability/disease process and all associated complications and not having to deal with all the things that are necessary in a disability claim. Based on my personal experience from many years of practicing medicine I would consider their work product, insight and effort in the disability claim procedures to be superior. I would recommnend them, which I have done, with my highest level of confidence. In short, you well served with this practice.

Dan P.

I had to retire from my career due to a bad back that restricted me from performing my duties. I had LTD insurance and after a few years of receiving monthly benefits from this insurance company, they notified me that my benefits were terminated stating that I don’t qualify due to my duties not fitting into some “national job description” and a nurse had deemed me eligible to go back to work. Its a crushing feeling to have this told to you over the phone with hardly any information given. Luckily, I came across Dell Disability Lawyers and spoke with Attorney Palamara who calmed me down and stated they would take my case. Within a couple of months my benefits were restored, and I had piece of mind. I cannot thank Attorney Palamara and the staff enough at Dell Disability for their professionalism, no nonsense approach, personal and timely communication and quick ability to litigate my case.

Jen S.

I wanted to thank Mr. Symonds and his legal assistant Sonia for their professionalism, guidance and dedication towards my LTD claim. Going through the denial process on my own was going to get me sicker and knew it was time for help right away. I reached out to Dell Disability Lawyers for assistance and not too long after my call, I was connected with Sonia – Soon after that, I was talking about my case with Mr. Symonds. After a long and tedious process with the LTD insurer, we won the case. The wait can absolutely be lengthy, but in the end, it was all very much worth the fight. Thank you both so much for all that you have done for me! I also want to thank those who assisted in keeping me updated, as needed. Highly recommended for anyone who is going through the brutal process of an LTD denial.

Carl G.

I would like to thank Dell Disability Lawyers for taking care of my case and help me get the insurance coverage that I was rightfully in need of. Specially, I would like to thank Lawyer Alexander Palamara and RIGHT-HAND legal assistant, Sonia Nogueira, who made this process less stressful. They answered all my questions and kept me informed every step of the way.

Don’t get me wrong. They never promised or told me that I was going to win my case, as no one can guarantee that for you. What they did do, was letting me know that they were working hard for me and to keep positive. Something that I recommend everyone to do is to subscribe to their YouTube channel. That will give you an idea on how they operate and why they (for most of their cases) win their cases.

Since I was awarded disability, I am still having surgeries and thanks to Dell Lawyers, I’ve been able to cover all those expenses.

Warm regards to everyone at Dell.

Clarisa B.

I’m so very Grateful and Thankful for the team at Dell. They worked tirelessly to get the best outcome for me. I’m so glad that I found them!!

Carole S.

Exceptional efficient and professional service from Jay Symonds and Sonia Nogueira. They were both so helpful and knowledgeable and navigated me through a very stressful and difficult situation with New York Life.

K. S.

Awesome team. Jay and his team, Sonia and Francesca, truly care. This team is very Professional and quick to respond. Jay always provided answers in detail to my questions. I strongly recommend Jay Symonds.

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