Posted on Wednesday, March 15th, 2023 at 12:49 pm
Anxiety disorders are among the most common mental health issues affecting millions worldwide. As the line between normal anxiety and a disabling condition can be unclear, it’s crucial to understand when anxiety becomes a disability.
Understanding Anxiety Disorders
Anxiety disorders encompass a wide range of mental health conditions characterized by excessive fear, worry, and stress. Some common types of anxiety disorders include:
- Generalized Anxiety Disorder (GAD) – chronic worry about everyday situations
- Panic Disorder – recurrent and unexpected panic attacks
- Social Anxiety Disorder – intense fear of social situations and being judged by others
- Obsessive-Compulsive Disorder (OCD) – persistent and intrusive thoughts followed by repetitive behaviors
- Post-Traumatic Stress Disorder (PTSD) – a condition that develops after experiencing or witnessing a traumatic event
When is Anxiety a Disability Under The Americans with Disabilities Act (ADA)?
The ADA is a federal law prohibiting discrimination against individuals with disabilities. This includes employment, education, and public services. Under the ADA, a person meets the definition of disabled if they have a physical or mental impairment substantially limiting one or more major life activities.
Anxiety disorders can be disabilities under the ADA if they significantly interfere with an individual’s ability to perform essential life activities, such as working, concentrating, or interacting with others. Employers are required to provide reasonable accommodations to employees with disabilities, including those with anxiety disorders, to help them perform their job duties effectively.
Long Term Disability (LTD) Insurance
LTD insurance provides financial support to individuals who cannot work due to a disabling condition, including anxiety disorders. These policies typically replace a percentage of the individual’s pre-disability income, ensuring they have some financial security during their period of disability.
LTD policies define disability in various ways, depending on the specific policy terms. Some policies use an “own occupation” definition, where the insured is considered disabled if they cannot perform the essential duties of their specific job. In contrast, others use an “any occupation” definition, in which the insured must be unable to perform the duties of any occupation suitable for their education, training, and experience.
Insurance companies play a significant role in LTD claims since they will evaluate the claim and determine if the insured meets the policy’s disability definition. Unfortunately, insurance companies often prioritize their financial interests and may deny or terminate benefits even when the insured has a valid claim. This is where legal representation becomes essential.
How Capitan Law Can Help
Capitan Law has extensive experience helping clients with LTD claims related to anxiety disorders. The firm understands the challenges individuals with anxiety-related disabilities face and is dedicated to fighting for their rights. Capitan Law:
- Never represent insurance companies: The attorney you choose to represent you in your LTD claim is crucial. One important consideration when selecting a lawyer is to ensure that they do not represent insurance companies to avoid divided loyalties. A lawyer who never represents insurance companies can focus solely on their client’s needs without conflicts of interest.
- Works on a contingent fee basis: Another important factor to consider when selecting an LTD lawyer is how they charge for their services. A lawyer who works on a contingent fee basis will not charge their clients any upfront or retainer fees. Instead, they will only receive a payment if they successfully recover benefits for their clients.
- Offers free legal consultations for individuals seeking guidance on their LTD claims: Navigating the legal process on your own can be overwhelming. That’s why it’s essential to find a lawyer who offers free legal consultations to help individuals understand their legal rights and options. During a free consultation, an LTD lawyer can review your case and provide guidance on how best to proceed.
Understanding when anxiety becomes a disability is essential for those affected by anxiety disorders. The ADA protects individuals with disabilities, including anxiety disorders, while LTD insurance policies can offer financial support during periods of disability.
Contact Capitan Law Today
If you believe your anxiety has become a disabling condition, take action. Exploring your options for securing LTD benefits is essential. Capitan Law dedicates its time to helping clients navigate the claims process and seek the benefits they deserve. Our commitment is to our clients, not insurance companies. This makes us the ideal choice if you need help securing the disability benefits you deserve.
Finally, the first step is to schedule a free legal consultation with one of our experienced long-term disability lawyers. We will discuss your unique situation and explore the best course of action. Our team has offices in Pennsylvania and Kentucky and proudly serves clients in Pennsylvania, Kentucky, and New Jersey. You can reach us by phone at (267) 419-7888 or online, so don’t wait any longer to speak with an experienced member of our team today.