Posted on Wednesday, December 17th, 2025 at 9:56 pm
Cognitive limitations can make it impossible to work. These limitations can include memory loss, difficulty concentrating, and slow processing speed. Yet many people with these conditions face denied long-term disability claims. Insurance companies often demand “objective evidence” that doesn’t exist for cognitive deficits. At Capitan Law, we help Philadelphia residents prove that cognitive limitations qualify for the benefits they deserve.
Understanding Cognitive Limitations in the Workplace
Cognitive disabilities, also known as cognitive impairment and/or cognitive limitations, affect how your brain processes information and performs mental tasks. Unlike a broken leg, cognitive problems don’t show up on an X-ray. This makes them harder to prove, but they’re just as disabling.
These limitations often stem from physical conditions: traumatic brain injury, stroke, neurological diseases, medication side effects, or chronic illnesses like long-haul COVID. They’re not mental health problems. They’re cognitive deficits caused by medical conditions.
Common causes include TBI, stroke, Parkinson’s disease, multiple sclerosis, diabetes complications, chemotherapy effects, severe infections, and autoimmune disorders.
Why Insurers Deny Cognitive Limitation Claims
Insurance companies struggle with cognitive claims because the evidence looks different than physical disabilities. You won’t have surgery records or imaging that “proves” your brain works differently. This gap creates opportunity for insurers to deny valid claims.
Many policies contain a “mental health limitation” that caps benefits at 24 months for conditions classified as mental disorders. Insurers sometimes misclassify cognitive deficits as mental illness to apply this cap, even when your cognitive problems stem from a physical condition like a stroke or TBI. Understanding how ERISA affects long-term disability claims can help you navigate policy language.
Insurers also demand “objective evidence.” For cognitive limitations, objective evidence means neuropsychological testing, functional capacity evaluations, and detailed medical documentation. Without this evidence, insurers claim your condition isn’t severe enough to prevent work. Common denial reasons include insufficient medical evidence, misclassification as mental illness, lack of neuropsychological testing, inconsistent medical records, or claims that you can perform sedentary work. Learn more about why disability claims get denied.
Medical Evidence That Strengthens Your Claim
Insurance companies need specific evidence to approve cognitive limitation claims. Generic medical records aren’t enough. You need documentation that directly connects your cognitive deficits to your inability to work.
- Neuropsychological testing is the gold standard. A neuropsychologist administers tests that measure memory, processing speed, attention, and executive function. Results provide objective data that insurers can’t easily dismiss. If you haven’t had this testing, ask your doctor for a referral. According to the American Psychological Association, cognitive assessments follow standardized protocols to measure brain function accurately.
- Functional Capacity Evaluations (FCE) assess your ability to perform work tasks. A good FCE includes cognitive assessments, not just physical tests. The evaluator should document how your memory, concentration, and processing speed affect your job performance. Understanding the role of medical evidence in a long-term disability claim is critical to your case.
- Treating physician statements carry weight. Your doctor should write detailed letters explaining how your cognitive limitations prevent you from working. Generic statements like “patient is disabled” don’t help. Specific statements do: “Patient cannot retain new information,” “Patient cannot maintain focus for more than 30 minutes,” or “Patient’s processing speed is 40% below normal for her age.” The role of your doctor in a long-term disability claim cannot be overstated.
- Residual Functional Capacity (RFC) forms completed by your treating doctor outline exactly what you can and cannot do. These forms directly address the insurer’s question: Can you work? Documentation should include medical diagnosis, neuropsychological test results, FCE reports, treating physician statements, RFC forms, symptom logs, work history, and job duty descriptions.
The Social Security Administration provides guidelines on how medical evidence supports disability determinations.
How Cognitive Limitations Affect Job Performance
Insurers must understand how your specific cognitive deficits prevent your specific job. This connection matters more than the diagnosis itself. Three main types of cognitive limitations impact work ability:
Memory Problems
Memory problems destroy careers in fields requiring recall and retaining information. You might forget procedures, struggle to learn new systems, or lose track of important details. For professionals who rely on recall, memory loss ends careers.
Teachers can’t remember lesson plans. Accountants can’t track numbers. Nurses can’t remember medication protocols. Even in jobs where memory seems less critical, it matters. A manager can’t remember employee names or prior conversations. A salesperson can’t recall client preferences.
Processing Speed
Processing speed affects deadline-driven work. They also affect how quickly you think and respond. Tasks that once took minutes now take hours. You fall behind on deadlines, struggle with multitasking, and feel mentally exhausted after simple work.
Journalists miss publication times. Programmers can’t complete code reviews. Managers fall behind on email and decision-making. The work piles up faster than you can process it.
Concentration Difficulties
Concentration difficulties make detail work impossible as it makes it hard to focus. You lose your place while reading, miss important details, or can’t maintain attention during meetings. Distractions that others ignore become overwhelming obstacles.
Lawyers miss contract clauses. Accountants make errors on financial statements. Surgeons can’t maintain focus during procedures. Any job requiring sustained attention becomes unmanageable. Job impact examples include teachers (memory), software developers (processing speed), surgeons (concentration), project managers (all three), and financial analysts (memory and concentration).
Documenting Your Cognitive Limitations for Your Claim
What you document and how you communicate with doctors affects your claim’s success. Start tracking your cognitive symptoms now.
- Keep a symptom journal. Note when memory lapses occur, how long concentration lasts, and how processing speed affects your work. Include specific examples: “Forgot three client names during meeting,” “Took 4 hours to complete task that used to take 1 hour,” “Lost focus after 20 minutes of reading.”
- Tell your doctor exactly how cognitive problems affect work. Don’t say “I have brain fog.” Say “I cannot remember procedures I learned last week” or “I cannot concentrate for more than 30 minutes without a break.” Doctors need specifics to document your limitations. Avoid what not to say on your disability application.
- Keep your medical records and claim forms consistent. If you tell the insurance company you can’t work, don’t post on social media about activities. If your doctor writes that you have severe memory problems, your medical records should show consistent treatment for memory issues. Social media posts can hurt your disability claim.
- Avoid statements that undermine your claim. Don’t tell your doctor “I’m doing better” if you mean you had one good day. Don’t say “I might try working part-time” if your condition prevents any work. Insurance companies use these statements against you.
Documentation best practices include daily symptom logs, specific examples of cognitive failures, consistent medical records, detailed physician statements, and honest communication with your doctor.
Why Choose Capitan Law
Capitan Law focuses exclusively on long-term disability claims. We understand how insurance companies think and operate. We know the policy language traps that catch claimants, especially the mental health limitation issue that affects cognitive claims.
Our team includes attorneys recognized by Super Lawyers. We have recovered benefits for clients in disputes with Cigna, Unum, Prudential, Hartford, and MetLife. We work on contingency: no money upfront, no fees unless we recover your benefits.
Our attorneys serve Philadelphia and Chester County, Pennsylvania, and represent clients nationwide. When cognitive limitation claims are denied, we appeal them vigorously. Contact Capitan Law‘s about page to learn more about our team and testimonials from clients we’ve helped.
Frequently Asked Questions
What counts as a cognitive limitation for disability?
Memory loss, difficulty concentrating, slow processing speed, trouble with complex tasks, organizational problems, and difficulty learning new information all count. The key is whether the limitation prevents you from working.
Can I get LTD benefits for cognitive problems from a physical condition?
Yes. If your cognitive deficits result from a physical condition, including stroke, TBI, or neurological disease, they may not qualify as “mental illness” under your policy’s mental health limitation. This distinction matters. Capitan Law fights insurers who misclassify cognitive deficits as mental illness. Learn about how to appeal a preexisting condition exclusions denial.
How do I prove cognitive limitations without test results?
Evidence such as medical records, treating physician statements, functional capacity evaluations, and detailed symptom documentation all help. Neuropsychological testing strengthens your case significantly, but it’s not the only evidence that matters.
Will my claim be denied because of the mental health limitation?
Many policies cap mental health benefits at 24 months. Insurers sometimes use this to deny cognitive claims. However, cognitive deficits from physical causes may not qualify as “mental disorder” under your policy. Capitan Law analyzes your specific policy language to fight improper mental health limitation applications. Understand how can you get long-term disability for mental health conditions with our firm.
What should I tell my doctor to support my claim?
Be specific about work limitations. Instead of “I can’t concentrate,” say “I cannot maintain focus during meetings longer than 15 minutes.” Instead of “I have memory problems,” say “I cannot remember procedures after one training session.” Ask your doctor to document how your cognitive limitations affect your specific job duties.
Get Help With Your Cognitive Limitation Claim
Cognitive limitation claims are complex. Insurance companies deny them regularly. You need an attorney from our firm who understands both the medical evidence and the policy language.
Capitan Law offers free consultations. Call (267) 419-7888 or schedule a consultation online today to discuss your claim. We serve Philadelphia, Chester County, and clients nationwide. If your claim has been denied long-term disability benefits, we can help you appeal and get the claims you deserve.
