Long Term Disability Claims Attorneys for Organic Brain Disease
Organic brain diseases differ from mental illnesses.
Both affect the brain, but each has different causes. Mental illness, such as anxiety, can result from environmental factors. Organic brain disease is caused by physical trauma. For example, someone who sustained a traumatic brain injury might have healed physically but still has severe mental deficits that affect their daily life.
If you have an organic brain disease and don’t know how to apply for benefits through your long-term disability insurance plan, contact Abell and Capitan Law today.
Organic brain disease can make it difficult or impossible to return to your job and normal life. We can help. Call Abell and Capitan Law at (267) 419-7888 to schedule a free consultation with one of our long-term disability claims attorneys.
Causes and Symptoms of Organic Brain Disease
A more common term for organic brain disease is neurocognitive disorder. It usually occurs in older adults, but young people can suffer from it as well. Risk factors associated with this disorder include:
- Old age (60 and older)
- Drug or alcohol abuse
- Cardiovascular disease
- Participation in activities with high risk of head trauma
Most older adults develop this disorder if they have a neurodegenerative disease, such as:
- Alzheimer’s disease
- Multiple sclerosis
- Parkinson’s disease
- Huntington’s disease
However, people who are under 60 years old could develop neurocognitive disorder from any of the following injuries or conditions:
- Blood clot
- Alcohol or drug abuse
- Vitamin deficiency
- Traumatic brain injury that leads to a brain bleed
The most common symptoms associated with neurocognitive disorder include:
- Memory loss
- Inability to focus or concentrate
- Trouble with balance or walking
- Vision changes
- Difficulty performing routine tasks
- Short-term memory loss
Any of these symptoms can affect your physical or mental ability to perform your job-related duties. At Abell and Capitan Law, we know the impact of this type of disorder. When you can’t work, you have no way to pay for your medical treatment or household expenses. It can become a significant source of stress in your life and impact your family.
Our long-term disability claims attorneys will fight hard to ensure you receive benefits that provide financial relief.
Benefits Available Through Long Term Disability Insurance
You can apply for long-term disability benefits through an individual plan or employer-paid group plan. If your employer provides you with coverage, there are standards set by the Employee Retirement Income Security Act (ERISA). This is a federal law that protects disabled workers’ rights. Insurance companies are supposed to provide policy information upon request.
Long term disability insurance replaces a portion of someone’s lost income if they cannot maintain adequate employment. Monthly payments could be up to 70 percent of the wages you earned before your organic brain disease diagnosis. Before benefits begin, you’ll face an elimination period after which you can file your claim.
An elimination period lasts anywhere from 30 days to a year. However, most insurance companies require 90 days. It is the timeframe between the date you became disabled and the date you receive your first payment.
You must have a disabling condition for at least six months to qualify for coverage. Benefits could last for a year or until you turn 65 years old — as long as you can’t perform any type of job. Some policies allow monthly payments for as long as the disability lasts.
How Abell and Capitan Law Can Help You
When you hire one of our long-term disability claims attorneys specializing in organic brain disease, we will handle every step of the process so you can focus on treating your disabling medical condition. We will begin by filing a claim on your behalf and investigating your case.
We have the experience and resources to gather crucial evidence that proves you deserve benefits, such as:
- Medical records showing your initial diagnosis
- Physician letters stating the condition you have and its mental and physical limitations
- Records of prescribed medications, psychotherapy, and other treatments
- Copy of your job description proving the tasks you are unable to complete
- Affidavits from vocational experts and medical experts
- Statements from family and friends about the effect of the diagnosis on your daily life
We will advocate for your rights and fight for the maximum available benefits from your long-term disability insurance company. If they deny your claim, we will examine their reasoning and develop an effective plan to appeal their decision.
Appealing a Denied Long Term Disability Claim
Most people don’t realize the legal process doesn’t end just because the insurance company denied their claim. You have the option to file an appeal under ERISA law. You must file an administrative appeal within 180 days of the date on the denial letter. The letter should include the reason they denied your claim. Abell and Capitan Law will review the letter to determine the best strategy for appealing the decision.
We might have to request additional medical records that weren’t included in the original claim or obtain evidence that can prove your neurocognitive disorder is a qualifying disability. We can reach out to medical experts and ask that they provide affidavits that confirm your condition impacts your functional capacity. We will also speak with vocational experts who can explain how your physical and mental limitations prevent you from working.
If the insurance company denies your appeal, we could file a lawsuit. ERISA laws don’t provide a deadline for filing a lawsuit for long term disability benefits. Some insurance policies have specific deadlines for bringing a case like this to court. However, if there isn’t a deadline, the court will use the statute of limitations for written contracts. The statute of limitations we follow will depend on the state in which you reside.
Speak to a Long Term Disability Claims Attorney
At Abell and Capitan Law, we take pride in representing disabled individuals who need assistance with their claims, appeals, and lawsuits. We know you’ve been struggling since you were diagnosed with a neurocognitive disorder. When you’re unable to earn a living, it can cause financial strain and emotional distress.
We will protect your rights to the benefits you need. With our legal services, you will receive long-term disability coverage to replace your lost wages and pay for your medical treatment.
Call us at (267) 419-7888 if you or your loved one can’t return to work because of your disabling organic brain disease.