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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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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.

Attorney Stephen Jessup:

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?

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