Vestibular Dysfunction Disability Insurance Benefits Claim

Disability insurance carriers often challenge a diagnosis of vestibular dysfunction. How Can Disability Insurance Attorneys Dell & Schaefer Assist You?

As disability attorneys, Dell & Schaefer have represented long term disability claimants that have been unable to work as a result of vestibular dysfunction. Disability Attorneys Dell & Schaefer have an expansive understanding of the significant restrictions and limitations that a person suffering with vestibular dysfunction 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 by a vestibular dysfunction.

Not everyone suffering from a vestibular dysfunction qualifies for long-term disability benefits, therefore the medical records of each client must be reviewed to determine the level of restrictions. We welcome the opportunity to discuss your long-term disability claim. You can contact us for a free initial consultation.

What is vestibular dysfunction?

To understand vestibular dysfunction we must first understand our vestibular system. Our vestibular system works with other sensorimotor systems in the body, such as our visual system (eyes) and skeletal system (bones and joints), to check and maintain the position of our body at rest or in motion. It also helps us maintain a steady focus on objects even though the position of our body changes. The vestibular system does this by detecting mechanical forces, including gravity, that act upon our vestibular organs when we move.

The organ of balance in your inner ear is the vestibular labyrinth. It includes loop-shaped structures (semicircular canals) that contain fluid and fine, hair-like sensors that monitor the rotation of your head. Near the semicircular canals are the utricle and saccule, which contain tiny particles called otoconia (o-toe-KOE-nee-uh). These particles are attached to sensors that help detect gravity and back-and-forth motion.

vestibular dysfunction disability benefits claim

Good balance depends on at least two of these three sensory systems working well. However, if your central nervous system can’t process signals from all of these locations, if the messages are contradictory or if the sensory systems aren’t functioning properly, you may experience loss of balance.

How the symptoms of to vestibular dysfunction can affect you

Vestibular disorders may cause dizziness, vertigo, fainting and imbalance. They can also affect a person’s vision, hearing and impair cognitive abilities. While there are over a dozen different balance disorders related to vestibular dysfunction, we will look at some of the most common disorders below.

People with vestibular dysfunction may experience profound impacts on their health, family, social and professional life due to the restrictions a vestibular disorder causes.

Vestibular rehabilitation may be effective in minimizing or relieving some of the symptoms, especially if the dizziness is caused by head movement, motion sensitivity, or certain positions. When rehabilitation isn’t successful in controlling vertigo and other symptoms caused by vestibular system dysfunction, surgery may be a viable option.

Surgical procedures for peripheral vestibular disorders are either corrective or destructive. The goal of corrective surgery is to repair or stabilize inner ear function. The goal of destructive surgery is to stop the production of sensory information or prevent its transmission from the inner ear to the brain.

Resources

There are many valuable sources of to vestibular dysfunction information available. You can also access resources over the internet such as:

Leave a comment or ask us a question

There are 20 comments

  • LISA, did you have disability insurance coverage with your former employer? If so, you may still have the possibility of filing a claim for benefits under same. If not, the most I could suggest is to contact an employment attorney to discuss the circumstances of your termination and if you are not likely to return to work to explore the possibility of filing for Social Security disability. Please feel free to contact our office to discuss or if you would like some assistance in trying to get in contact with an employment or SSDI attorney.

    Stephen JessupMay 5, 2018  #20

  • I had a hysterectomy in 2016 I was always enmeic. That morning of the surgery I had my blood draw prior to surgery that day, right after the blood was drawn I lost my hearing in my left ear. I have been diagnosed with sudden hearing lost and vestibular neuritis. Just recent I have suffered from severe vertigo and now since my job had found this out… they have laid me off no pay no insurance and they still want me to do P/T… so now my deafness is damaged my life! I can’t work! What can I do? I know after they took my blood within seconds I went deaf…

    LISA LISAMay 4, 2018  #19

  • Laura, CIGNA will often request an IME as part of its on-going medical review of your claim. CIGNA will present the IME with questions regarding your diagnosis, restrictions and limitations and whether the medical records support on going disability. Unfortunately, the IME is not working for you and their opinions are usually the basis on which CIGNA will deny the disability claim. Please feel free to contact are office is you have further questions concerning the IME or if you would like to discuss retaining us to begin representing you with your CIGNA LTD claim.

    Cesar GavidiaApr 28, 2018  #18

  • I went on std in 2015 for bilateral vestibular hypofunction with oscillopsia caused by ototoxicity due to iv antibiotics. The condition is permanent. I have been on Ltd since, but now Cigna wants me to undergo an IME. The doctor they’ve chosen is very questionable from every standpoint. Should I engage an attorney now or wait until I am denied benefits. I am currently on SS benefits, but would really be hurt if I lost the Cigna piece.

    LauraApr 27, 2018  #17

  • Chris, if you have an employer provided disability insurance policy it would appear you would have a strong argument as to the inability to perform your occupational duties. Please feel free to contact our office to discuss your situation and policy in greater detail.

    Stephen JessupFeb 19, 2018  #16

  • I am a truck driver and have been diagnosed with meneries disease and bilateral vestibular function. Can I get disability?

    ChrisFeb 18, 2018  #15

  • Tonya, dependent on the documentation in you medical records and the definition of pre-existing condition Sun Life may very well be able to deny your claim based on the policy provision. Please feel free to contact our office to discuss how we may be able to assist you.

    Stephen JessupMar 8, 2017  #14

  • Can Sun Life refuse my short term disability because I have had migraine with chronic vertigo since 2008? I started my job which includes Sun Life in my benefits on Nov 1 2015, I ended up in the ER with vestibular neuritis on December 23 2016 due to a recurrent cold being passed around the hospital I work at. I was seen in November for sinusitis prior to this debilitating virus. They are trying to say that the vestibular neuritis is part of a preexisting condition.

    I have been managing these migraines with vertigo for years without the need for time off but since the sinus infection the vertigo is nearly intolerable. I have to see multiple doctors and am not able to drive let alone care for patients as an RN at my hospital.

    TonyaMar 7, 2017  #13

  • Bob, please feel free to contact our office with a copy of your Policy and we will be more than happy to discuss your options under the policy.

    Stephen JessupFeb 16, 2016  #12

  • Hello, My name is Bob, I am 60 years old. I am a disabled veteran who has suffered with Vertigo, tinnitus, and hearing loss for many years. I am service connected at 60% disability for Ménière’s disease.

    I have worked for the same company for over 32 yrs. I am Branch Manager who is responsible for 30 employees. I’m required to drive a company car. I have ongoing bouts of Vertigo which creats disorientation, confusion, extreme difficulty in communicating, and very inconsistent unsteadiness due to balance.

    I have been actively enrolled in LTD for yrs with my company. I have tried to deal with this situation for years but my symptoms related to Vertigo is becoming to much to handle and the added stress from my job is increasing the severity of my symptoms.

    I would like to better understand my options and if I would be a candidate for Long term disability?

    BobFeb 15, 2016  #11

  • Alicia,

    You will need to consult with an attorney that handles social security. Your only other option for financial help would be under a disability policy provided your employer, if you have coverage.

    Stephen JessupFeb 27, 2015  #10

  • Hello, my name is Alicia. I am 21 years old and I am suffering from meniere’s disease. It limits me from doing almost anything. I have already applied for SSI benefits to help with bills and such, but I have been told my disorder is not considered to be a disability. Is there anything else I can do?

    AliciaFeb 26, 2015  #9

  • Deana,

    Please feel free to contact our office. We assist claimants at all levels of representation, from applications for benefits, monthly claim handling, appeals, and litigation. It might not be wise to wait until something potentially bad happens that could negatively impact the future of the claim.

    Stephen JessupMar 9, 2014  #8

  • Hi,

    My husband has been diagnosed with vestibulo-ocular-reflex. He is a corporate pilot and is on month two of three for short term disability. He is not getting ant better with therapy and we are worried. His company does carry short and long term disability insurance, (Reliance).

    I contacted a local lawyer who specializes in disability insurance and he said there is nothing we can do now, that a long term claim must be denied first. This sounds rather grim, and I was wondering if we should be doing anything else at this time to help our case?

    Thank you,
    Deana Warren

    Deana W.Mar 8, 2014  #7

  • Marystella,

    Does your husband have active disability insurance coverage? If he ceased working in October, any plan he may have been covered by under an employer policy may no longer be in effect.

    Stephen JessupJan 27, 2014  #6

  • Hi, my husband has been diagnost with vestibular dysfunction. He hasn’t been able to work since 10/13. He has hearing lost in left ear, severe dizzines, headaches, neck pain, and constant vertigo. We need some advice. Should we get a lawyer before we do anything? Thank you!

    Marystella GomezJan 26, 2014  #5

  • Jessica,

    I am sorry to hear of your difficulties in obtaining SSDI benefits. If you do not have a social security attorney I would highly recommend you find one prior to any hearing.

    Stephen JessupOct 25, 2013  #4

  • Hi, I had an acoustic neuroma removed last year and have not been able to return to work. because my tumor was on my vestibular nerve (which had to be compromised to facilitate the tumor removal) I have chronic disequilibrium, dizziness, fatigue, and pain. I have applied for SSDI and have been denied twice so now I am applying for a hearing by an administrative law judge. I’m very overwhelmed and need help wining my case.

    Jessica LaneOct 24, 2013  #3

  • Emma,

    Each potential disability claim is unique. First and foremost, it would have to be determined what type of disability coverage your mother has. Does she have an employer provided policy? If not, her only option would be Social Security disability benefits.

    Stephen JessupJun 22, 2013  #2

  • Hi, my mum has Labyrinthitis and a lot of the time will end up bed ridden because she can get up and walk about and is off work a lot. She is too proud to ask for any help. The tablets from the doctors never help and only suppress the Labyrinthitis. She is better without them. Would she have a case to be on benefits, as a lot of the time she cannot work?

    Emma GrieveJun 21, 2013  #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.

Sandra B. (Arkansas)

I have nothing but good things to say about how my buyout was handled with my disability claim. The level of professionalism was amazing. All of my questions and concerns were answered either by Danielle L. or Alex P. in such a timely manner and with such care I would recommend them in a heartbeat to anyone needing to approach their provider with buyout options.

They did a fantastic job communicating between the provider and me, always keeping my best interest at heart and always answering my many many questions. They really did take most of the stress out of this whole situation. I would give them a 10 out of 10 for every step of this crazy journey. Thank you so much for helping me through this.

Brenda R. (New York)

I needed assistance with an appeal for a LTD claim that was initially denied. Stephen understood what needed to happen to win the appeal and he did win the appeal for me.

Michael C. (Virginia)

Greg Dell and his assistant Anneli have been extremely responsive and helpful, not only our initial consultations, but in follow-ups 1 and 2 years later with the insurance company to ensure that they comply with their agreements (which they did), as well as a separate and only slightly-related inquiry about our health insurance. I always hear back from them very quickly, which is rare and greatly appreciated.

Jeff P. (Oklahoma)

After a very long and frustrating ordeal to keep my LTD payments coming I decided to seek assistance from and attorney. After much research and asking those in the legal profession Dell & Schaefer seemed to be the top choice. I reached out and Alex Palamara was the attorney assigned to my case. All I can say is the experience was outstanding. Both Alex and his Paralegal, Danielle Lauria were excellent to work with. They were very kind, concerned, understanding of my frustrations and treated me with the utmost respect. Communication was excellent with regular updates and telling me what I could expect in each stage of the process.

Alex was also very straight forward with what to expect and no pie in the sky promises or expectations were made. In the end we won our case and I believe it was solely due to their experience and knowledge of not only the laws but the insurance companies as a whole. I would highly recommend them and am very grateful for the help they afforded to me.

Chad B. (Illinois)

I originally spoke with 3 other long term disability lawyers about my case before contacting Dell and Schaefer. None of those law firms would take it. They said the chances of me winning was not good. After finding Dell and Schaefer online I spoke with one of the attorneys that has since left. He did take my case but later it was picked up by Rachel Alters. Rachel is amazing and a very intelligent attorney. She not only won my case but also was able to get my back pay for 6 months.

I also cannot say enough about Sonia Nogueira. Sonia was always quick to answer any of my questions. I would usually hear back from her within hours of sending her a email. I do not know where I would be if I hadn’t contacted them. My family and I cannot thank them enough. Don’t let an insurance company tell you they are not responsible for paying you. I paid them for 20 years monthly and they looked for any reason they could not to have to pay me when I needed my benefit. Thank you Rachel and Sonia for all you guys do.

Paul L. (New York)

Words can only scratch the surface regarding my experience working with Attorneys Dell & Schaefer. It’s a very emotional experience making the decision to utilize disability insurance. The unknowns were/are scary. From the very first phone call, the support staff was/are very professional and reassuring. I have been working with Attorney Steven Dell for approximately 10 years. He is confident, reassuring, listens to and addresses all my concern, and is extremely dilligent in understanding my specific policies for how they impact me. It is very reassuring that Steven handles and deals with the insurance company on my behalf. Attorney Dell’s team, and specifically Merlin, Attorney Dell’s assistant, is simply fantastic. Her professionalism and attention to detail have made all my communications with the office seamless.

Simply put, my experience with Dell & Schaefer made the emotional rollercoaster experience of my neck surgery seem like a walk in the park.

Thank You, Thank You, Thank You, to both Attorney Steven Dell and to Merlin for how you have helped me over these past 10 years.

Dilligence, Reassurance, Professionalism at every step, Confidence, Results.

With 10 years experience with working with Dell & Schaefer, taking that step to call Attorneys Dell & Schaefer was one of the best professional and personal decisions I have ever made.

You want to know what you can do – the below comment about posting your first name and last name initial on our website. Put up my full name, phone number, and email address. I will gladly speak to anyone about your office and tell them my story and how instrumental Steven and Merlin have been in my life over the past 10 years.

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