Bartolic Law helps clients suffering from anxiety get their long-term disability benefits paid. In one case, we helped a client whose claim was denied as a pre-existing condition, and on the basis of not being disabled, due to prior treatment for Attention Deficit Disorder, and its relation to the anxiety diagnosis.
We had to first establish the claim was not based on a pre-existing condition, carefully examining the treatment history and distinguishing between treatments for different conditions. We next established our client was disabled based on the anxiety alone, without the contribution of the Attention Deficit Disorder, as the policy excluded disabilities caused by, or contributed to by, any pre-existing condition. By being surgical and measured, and carefully distinguishing the symptoms and treatment of each condition from the other, we were able to get the client paid benefits in full.
Everyone experiences anxiety from time to time, but for some people, anxiety might cause regular and major disruptions in their lives. If you are diagnosed with an anxiety disorder, you might have severe symptoms that stop you in your tracks and prevent you from functioning as usual – even if you are at work. Even with treatment, some people with anxiety disorders cannot work and earn a living as they once did. There are different types of anxiety disorders, including generalized anxiety disorder, panic disorder, obsessive-compulsive disorder, phobias, and post-traumatic stress disorder (PTSD).
If you are diagnosed with one of these disorders, you might experience a wide range of symptoms, such as feelings of terror or alarm, irrational fears, panic attacks, including difficulty breathing, and avoidance of certain things, perhaps even leaving the house. Many people undergo psychological treatment and might take medication to help their anxiety, though even with treatment, your disorder might impact your job. If you lose your ability to work, you might qualify for disability insurance benefits, and you should not delay learning about the insurance claim process.
Ferrin v. Aetna Life Ins. Co., 336 F. Supp. 3d 910 (N.D. Ill. Sept. 28, 2018) (holding insurance policy’s grant of discretionary authority is void under Texas law due to certificate being issued after effective date of regulation, and policy renewing after effective date, and holding Plaintiff was disabled from Any Reasonable Occupation where treating doctors certify she can sit at the occasional level, and insurer’s consultants opine Plaintiff can sit frequently, as weighing all evidence together would make capacity likely at low end of frequent range at best).
Sadowski v. Tuckpointers Local 52 Health & Welfare Trust, 281 F. Supp. 3d 710 (N.D. Ill. Dec. 20, 2017) (holding plan was arbitrary and capricious in denying medical benefits for removal of spinal cord stimulator following a fall down the stairs and infection where plan argued the expenses were caused by the same injury as the car accident necessitating implantation of the stimulator years earlier)
Tassone v. United of Omaha Life Ins. Co., 264 F. Supp. 3d 867 (N.D. Ill. Aug. 30, 2017) (awarding client long term disability benefits denied by United of Omaha despite insurer’s doctor opining there was no objective evidence of functional impairment)
Suson v. PNC Fin. Servs. Grp., Inc., No. 15-CV-10817, 2017 WL 3234809 (N.D. Ill. July 31, 2017) (holding Liberty Mutual’s denial of client’s long term disability benefits was arbitrary and capricious where Liberty Mutual disregarded client’s carpal tunnel syndrome and relied on a vocational opinion to which client never had an opportunity to address before litigation)
Anxiety claims can be difficult to assess without an in-person examination. Insurers frequently hire doctors who review your medical records, but never examine you, and then conclude there is insufficient evidence of any functional impairment. Long-term disability claims involving anxiety also have a high rate of encountering problems with pre-existing condition exclusions. Anxiety often accompanies one or more other diagnoses, which can give the insurer more reasons to try and deny your claim.
Obtaining disability insurance benefits for anxiety and related conditions can be a challenge, as insurers often work to avoid paying out on these types of claims. In order to have the best possible chance of receiving benefits in a timely manner, you want Bartolic Law to handle your claim. Contact us for more information about how we might help you.