• Cognitive Limitations Create Difficult Issues In Obtaining Disability Insurance Benefits

What Should I be Aware of if I Have Cognitive Limitations and I Am Receiving Disability Insurance Benefits?

Don’t let your disability company limit your disability claim to 24 months due to a cognitive disorder. You may have options to extend your disability benefits. The disability companies are notorious for ignoring physical conditions and trying to make every claim a mental health disability only. Disability Attorney Gregory Dell shares information regarding claims for disability due to cognitive impairment or cognitive disorder, and how disability insurance companies are attempting to limit payment of these claims under the 24-month Mental/Nervous Policy Provision, which is found in most group ERISA governed policies and some individual disability policies. This limiting policy provision can often be overcome by proving that the cognitive impairment/disorder is secondary to a physical condition or injury (such as a head or brain injury). Undergoing Neuropsychological testing is the best and most credible way to determine if a person is suffering from cognitive disorder and measure the extent of the impairment. Cases involving cognitive impairment claims are highly fact-specific, and the definitions and provisions vary in each disability policy. Therefore, if your benefits have been discontinued due to the 24-month limitation, or if you are approaching the 24-month cut off for your disability benefits, please call us for a free consultation to discuss your case and review your policy to determine if you are entitled to continued disability benefits as a result of your cognitive impairment.

Comments (2)

  • Jacob, please contact our office to discuss Cigna’s denial of your wife’s claim, the pending appeal, and her rights going forward. Cigna typically limits claims for mental health conditions to 24 months- are they terminating based on the 24 month maximum benefit for mental health claims?

    Stephen Jessup Nov 29, 2016  #2

  • My wife’s LTD through Cigna was discontinued even though her neuropsych test clearly shows significant cognitive impairments. She also has Bipolar 2 with rapid cycling. We are in the process of gathering all the necessary paperwork. In one letter that Cigna sent us is clearly stated if she was unable to go back to her primary profession or earn 80% of her income as a nurse after 24 months she will be classified as disabled as it pertains to her policy. Now they are denying benefits even though she is unable to go back to nursing or make 80% of her income.

    Jacob Nov 26, 2016  #1

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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.

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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.

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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.

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ShaRhonda D.

Rachel Alters and her assistance Michal Mizrahi were a godsend. When I contacted their office, Metlife denied my appeal and I was too sick to get out of bed, let alone try and fight the a giant insurance company! I was so lost and confused, I had all of my doctor’s saying I was disabled, I was taking the medication for my disability, Metlife said they covered my illness in their policy, so I couldn’t understand what the problem was! Further more, I didn’t have the energy to try and figure it out on my own.

Luckily, I didn’t have to. From the first day I spoke with Rachel, she was my David verses my Goliath, MetLife. Having her represent me was the best thing that could have ever happened for my family. She took over all correspondence with Metlife and her team answered ALL of my questions thoroughly and promptly. They were professional, courteous, and best of all, they understood how to fight Metlife and win.

Because of Rachel’s hard work with MetLife, I was able to focus my energy back on my family and trying to heal instead of answering stupid questions and jumping through bureaucratic hoops. My settlement was above and beyond my expectation and I am so grateful that I had such an ally in Rachel Alters.

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