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Substance Abuse Disorder Disability Insurance Benefits Claim

Substance Abuse Disorder disability claims are often challenged by disability insurance companies. How Can Disability 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 a substance abuse disorder (drugs or alcohol).

Substance abuse disorder is a category of long-term disability which is often overlooked by individuals who could file a claim for long-term disability. That’s because when we think of categories in which people usually file disability claims with their long-term disability insurance carrier, physical disabilities are usually the first come to mind. It is common that substance abuse develops secondary to a physically disabling condition.

Long-term disability insurance carriers are usually quick to deny a substance abuse disability claim for a number of reasons. Not the least of which has to do with the insurance company’s view that drug and alcohol abuse on the part of the claimant can be resolved through various forms of treatment. In the insurance carrier’s eyes, the responsibility toward making long-term disability payments to the claimant is mitigated. With that said, the long-term disability insurance carrier fails to acknowledge the fact that drug and alcohol abuse is a mental disease that must be managed and one that cannot be cured.

Disability Attorneys Dell & Schaefer have an expansive understanding of the significant restrictions and limitations that a person with a substance abuse disorder 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 due to a substance abuse disorder.

Not everyone suffering with substance abuse qualifies for long-term disability benefits, therefore the medical records of each client must be reviewed to determine the level of restrictions. Not every disability insurance policy provides coverage for substance abuse.

What Is Substance Abuse Disorder?

Substance abuse disorder is defined by meeting consistently a set number of criteria over 12 month period. According to the proposed revisions slated to appear in DSM-5, such criteria include:

Let’s say for a moment that you are struggling with drug and alcohol abuse. Over the course of time, you have been in and out of inpatient rehab along with making numerous follow-up visits to a psychiatrist and an AODA counselor due to the number of relapses that have occurred. During the follow-up visits to your psychiatrist, you are told that you have substance abuse disorder because your drug and alcohol abuse impairs your ability to function normally and hold down a job as result of substance abuse disorder. The evidence for such a diagnosis is clear to your psychiatrist since you changed jobs seven times in the past two years. The numerous job changes were due to the behavior associated with drug and alcohol addiction apart from consuming alcohol and ingesting drugs.

Substance-abuse disorder runs far deeper than simply giving in to drugs and alcohol. The mindset of an addict differs from the mindset of person who can function normally. A person who has a history of drug and alcohol abuse is prone to other mental disorders that cause long-term disability. Depression, schizophrenia and bipolar disorder are mental disorders that can prevent a person from having the ability to hold down a job and lead a productive life.

In this case, your psychiatrist or AODA counselor might recommend that you file a long-term disability claim as result of your substance abuse disorder. Make sure the behavioral health specialists you see are on board with filing a long-term disability claim. A disability attorney will help you navigate all of the legal challenges you’ll face when you file a substance abuse disability claim. Our disability attorneys are trained to identify the strengths and potential weaknesses of your potential substance abuse disability claim.

Once your disability lawyer files your disability claim with your long-term disability insurance carrier, you don’t have to worry about dealing with the insurance carrier directly. All instances of communication with your long-term disability carrier will be handled through your disability attorney regarding your substance abuse this claim. That means you can focus on your recovery because you know your disability lawyer is working hard to obtain your disability benefits.

Resources

There are many valuable sources of substance abuse disorder information available, such as:

Read 4 Lawsuit Summaries

Leave a comment or ask us a question

There are 8 comments

  • Robert, my advice is to stay on top of the carrier and put everything in writing so you have it documented if you end up in court. They are supposed to make a determination within a reasonable amount of time.

    Rachel AltersAug 10, 2020  #8

  • How after 20 years of being prescribed pain medication, starting back with Norco and my Doctor kept increasing my dosage every couple of years (10 mg – 15 mg – 20 mg and by 2014 being at a 30 mg of Oxycodone HCL / 5 times a day along with Alprazolam 0.5 mg during that same time period while working as an Overhead Crane Technician working in high heat, and 50 feet plus up in the air for the last 33 years. Now I am on my employers short term disability due to spine and or other issues yet to be yet determined by my doctors. (I Pay the cost 100% from Met-Life) and on FMLA since june, 15 2020 and just finding out that I am in dire straits trying to keep up with all the deceitful acts of my Doctor, my employer, and the Insurance company. The pandemic we’re all facing is compounding it even more by delaying the normal prerequisites and my propensities to resolve my legal matters without all their subterfuge. Please advise.

    Robert J.Aug 10, 2020  #7

  • Brooke, yes, you should apply for your disability benefits. Most polices limit benefits to 24 months for mental nervous conditions.

    Rachel AltersAug 9, 2020  #6

  • I have a 20 plus year issue with psych and substance abuse. I cant hold a job. I get manic due to my mental illnesses and I act out even tho I try so hard not to act crazy. I have many years of documented psych and substance inpatients and treatment faciltities, therapists, meds, psyh ward lock downs, (most recently in march. for 8 days. I was admitted for “bizzare psychotic behavior”. I have lots of proof. I can’t keep a job plus I have carpal tunnel and other ailments… Do you think I have a case?

    Brooke D.Aug 9, 2020  #5

  • DR, I don’t see Cigna could try to reasonably draw that nexus in an attempt to terminate your claim. Application of the substance abuse limitations is almost exclusively relegated to currently occurring problems resulting in disability.

    Stephen JessupSep 8, 2016  #4

  • This was a great article. Thanks for sharing! I have had fibromyalgia for 10 years and now s1 joint dysfunction and osteoarthtis. I have filed a LTD claim. Due to severe pain I’ve lost a lot of life activities and now work causing grief/depression. I started seeing a counselor to help me cope. In my therapy it’s been disclosed I had a drinking problem as a teenager that ended once I became an adult. I’ve had no problems with alcohol in over two decades and all my annual exams for 20 years have been great. Can Cigna deny my claim stating my teen drinking caused my adult fibromyalgia?

    DRSep 7, 2016  #3

  • John

    I think you should be on the look out for the routine surveillance. Please watch our videos on disability insurance video surveillance to learn more.

    Gregory DellFeb 21, 2012  #2

  • Hi, I am submitting a claim to my LTD carrier for alcoholism. What sort of private investigation/surveillance should I expect, and what do I need to watch out for?

    John CalzoneFeb 21, 2012  #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.

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