• 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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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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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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