Bartolic Law has helped many clients suffering from Cognitive Impairments with their long-term disability claims. Cognitive Impairment can arise from a variety of conditions, and we have experience with them all. In one case, our client suffered from Migraine Associated Vertigo, and the dizziness not only caused visual impairments, but impairment in ability to execute critical thinking and analysis. The client was a consultant, and the dizziness-induced Cognitive Impairment prevented the client from being able to analyze the kind of complex data required. Though neuropsychological testing showed performance in most categories within the normal range, the performance in those most pertinent to such an occupation were all impaired. Combining this evidence with objective evidence of the illness, explanations by doctors, and a video testimonial, we recovered for the client.
In another case, a client worked in retail management and had a sudden onset of Cognitive Impairment. The client’s doctors still performed diagnostic workup to evaluate the cause, but the impairment was so severe the client’s spouse had to manage the client’s affairs, as the client’s ability to verbally communicate was diminished. Even without a diagnosis yet, we were able to persuade the insurer of the functional impairment and get the client paid.
Cognitive impairment occurs when people face unusual difficulties remembering, learning new things, focusing, and making regular decisions affecting their lives. It can range from mild to severe, depending on different factors. Mild cognitive impairment patients might start noticing abnormal changes in their mental operations but can still live their normal lives. Severe impairment removes a patient’s ability to grasp simple meanings or importance of things, speech or writing ability, and personal independence. Poorly managed brain or organ diseases like stroke, diabetes, hypertension can cause cognitive issues. Excessive drug abuse, alcoholism, treatment side effects, spine injuries, and brain injuries also trigger the disorder.
A patient with this mental disorder may manifest different symptoms, such as memory lapse, an inability to recognize familiar people or locations, sudden mood or behavior swings, visual challenges, fever, headaches and more. Although no specific cure exists for this condition, doctors work to manage it and prevent further cognitive loss. They may recommend diets rich in vegetables and fruits to boost heart and cognitive health. Doctors also apply memory training to improve a patient’s mental functions. Its potential complications include long-term physical disability, permanent cognitive damage, paralysis, or the inability to move certain body parts. Cognitive impairment itself and/or its complications can end someone’s career.
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)
Don’t hesitate to contact a disability insurance claims lawyer from Bartolic Law if you have any life-disrupting health conditions. Call us for a free consultation to evaluate your case and help you file a successful claim.