Disability Claims for Neurological and Cognitive Disorders

According to a 2018 study by St. John’s University, individuals with a brain impairment reside in 16% of U.S. households. Even though they are relatively common, these conditions can be especially challenging to diagnose, and even harder to treat and manage. For any type of neurological or cognitive disability, you and your family need the support of a good medical team. To do so, you need first to navigate the insurance claims process to get the necessary benefits to help you manage and hopefully improve the condition.

A short- or long-term neurological or cognitive disorder can put you at odds with the simplest daily tasks, let alone an unfamiliar and legalistic insurance claims process. The process can be frustrating and difficult to handle, but you need to persevere so you can receive the benefits you need to survive. But you don’t have to go it alone.

Individuals with a new disability often face a barrage of requests for more information about their condition. Much of this communication will require more doctor visits and additional questioning to get the benefits you need. The nature of the new challenges you face can make these obligations difficult to manage.

You may not be able to drive yourself to numerous appointments.  Nor do you want to burden your loved ones more. However, doctor reports and exams are necessary to show that you have a disability that is adversely affecting your quality of life.

To begin the process for getting the help you need through a disability insurance claim for a neurological or cognitive disorder, call Abell and Capitan Law today at (267) 419-7888 or reach out to us online for a free, no-obligation consultation.

Why Do I Need a Lawyer for a Disability Claim?

If you are pursuing a disability claim for a neurological or cognitive disorder, you may be feeling overwhelmed, intimidated, and confused about where to even begin with all the forms, the paperwork, and the legalese. An experienced disability insurance lawyer can guide you every step along the way. While each situation has its unique circumstances, at Abell and Capitan Law, we have assisted countless clients with the same types of hurdles you face right now. You can minimize the stress by placing your claim in the hands of knowledgeable professionals.

Some of our clients begin a claims process on their own, thinking that the insurance company is there to support them. Unfortunately, insurance companies prioritize their bottom line, and they sometimes cut corners to save money.

What does this mean for you? It means that you should proceed cautiously to avoid being excluded from any benefits you are rightly entitled to receive. The best way to ensure this in the wake of a neurological or cognitive disability claim is with an experienced disability insurance lawyer by your side who will act in your best interests. You can find highly skilled attorneys at Abell and Capitan Law with direct experience in handling neurological and cognitive disability claims.

If your disability insurance policy comes from your employee benefits, you will need to deal with the various rules associated with ERISA, the Employee Retirement Income Security Act of 1974. ERISA was created to protect employees, but it actually can complicate the claims process further by adding several additional rules to a claims process that is already challenging to manage. If your claim involves an employer-based plan, a disability benefits attorney for your neurological or cognitive claim gives you the best possible chance of successful resolution.

How Can Abell and Capitan Law Help Me?

At Abell and Capitan Law, we have a passion for fighting for clients who have had short- or long-term disability claims denied by insurance companies. Founding partners Erik Abell and Joe Capitan both came to disability insurance law by choice because they believe that this is the best way that they can use their knowledge of the law to help clients in need. Abell and Capitan Law has gained a national reputation for representing disabled individuals with a customized, client-centered approach.

When you select an attorney for any legal matter, you want the best in the business. Abell and Capitan Law has America’s trusted disability insurance lawyers, who have been recognized by Rising Stars, a professional ranking service for only a select group of the highest-performing attorneys. With offices in Kentucky and Pennsylvania, Abell and Capitan Law can assist those in need of disability benefits claim support across the entire United States.

How the Disability Claims Process Works

The disability claims process can go in several directions, but the most common progression of events includes the following:

  • Application: when you first make a disability claim, you must submit an application along with a great deal of paperwork, including doctor’s reports, detailed medical records, bills, and financial statements. To complete the application accurately the first time, it is best to obtain the assistance of an experienced attorney from the very beginning.
  • Appeal: If the insurance company denies your initial application for disability benefits, you have the right to an appeal. Claims may be initially denied for varied reasons, from filling out paperwork incorrectly to doubts about the severity of your condition. If you have not obtained the help of an experienced disability claims lawyer yet, now is the time to do so. An appeal may be your only chance to obtain for the benefits you deserve.
  • Lawsuit: If your application and appeal for your disability claim are denied, suing the insurance company is an option. An experienced attorney at Abell and Capitan Law can help you file a lawsuit so you can get the benefits that are rightfully yours.
  • Settlement: Many lawsuits end in a settlement instead of reaching a court verdict or judgment although a settlement can occur at any time during the claims process. If the insurance company appears willing to offer a lump sum to settle a short- or long-term disability claim, you need a knowledgeable disability lawyer by your side to negotiate the best possible deal and evaluate the offer to make sure it will pay for your medical treatment and other expenses related to a neurological disorder.

The disability claims process proceed in various ways, but the above steps are the most common.  An aggressive and skilled disability insurance lawyer can help with both the application process and any appeals that may be necessary.

Types of Neurological and Cognitive Disorders

There are many types of neurological and cognitive conditions that can cause short- and often long-term disabilities that may prompt eligibility for disability benefits. The most common include:

  • Fibromyalgia
  • Migraine and headache disorders
  • Stroke-related impairments
  • Complex Regional Pain Syndrome (CRPS) and Reflex Sympathetic Dystrophy
  • Small fiber neuropathy
  • Post-concussive syndrome
  • Traumatic Brain Injury
  • Seizures
  • Chronic Fatigue Syndrome (CFS)
  • Chronic Pain Syndrome
  • Myofascial Pain Syndrome
  • Lyme disease
  • Bell’s palsy

If you are burdened with a neurological or cognitive disorder, or a loved one is affected by any of these conditions, you need the help of an experienced attorney to navigate the disability insurance claims process.

Frequently Asked Questions about Cognitive and Neurological Disorders and Disability Benefits

At Abell and Capitan Law, we are dedicated to aggressively advocating for those seeking disability benefits from insurance companies. With that commitment in mind, we have provided answers to some of the questions often raised by our clients. 

Why was my claim denied?

Claims can be denied for a number of reasons. The most common denials emerge from the procedural process. For example, insurance companies use codes associated with all types of conditions, and if the code for your condition does not match one that is automatically associated with a disability, your claim will likely be denied. Submitting additional information about your condition may result in a claim approval. Other claim denials may be more complicated. To give yourself the best chance for success in the appeal process, enlist the help of an attorney who focuses their practice on disability benefits.

How can I fight the insurance company for my benefits?

Disability cases are complicated and demanding. When you or a loved one are trying to cope with a neurological condition or cognitive disorder for which insurance benefits should be payable, it’s very challenging to handle the process on your own. At Abell and Capitan Law, our team of legal professionals knows how to take on the insurance companies while you focus on your health.

How long will it take to resolve my case?

There is no simple answer to this question. Every claim process is slightly different depending on the healthy condition, the insurance benefits available, and the procedures for accessing them. When Abell and Capitan Law is handling a disability insurance claim, we fight diligently for the fastest resolution possible in each case.

Call Abell and Capitan Law For a Free Consultation Today

If you are dealing with a neurological or cognitive disorder and need disability benefits, call our team at Abell and Capitan Law for a free consultation today at (267) 419-7888 or reach out to us online. Our experienced attorneys know what it takes to get you the benefits you deserve, and now is the time to get started. There are no attorney fees unless the insurance company pays you the disability benefits you are owed.

We’ve fought the big insurance companies.
Call, chat, or email us today to get started.