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.

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There are 2 comments

  • 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 JessupNov 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.

    JacobNov 26, 2016  #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.

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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.

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.

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