Bartolic Law has helped clients suffering from early onset of various forms of Dementia get their long-term disability claims paid. We have helped with challenging insurers’ denial of claims, and filing lawsuits over denied claims. In one case, our client had a rapid onset of Dementia, but the client’s doctors had not yet reached a conclusive diagnosis of the cause of the client’s rapid decline. The client’s cognitive abilities rapidly faded, and the client even lost the ability to verbally communicate. We worked with the client’s family members, one of whom obtained a power of attorney for the client, to perform the appeal and show the extent of the client’s symptoms, despite lack of a diagnosis yet. We were able to get the claim paid before the doctors even diagnosed the client with Dementia. In another case, our client suffered from early onset Alzheimer’s Disease following numerous grand mal seizures.
The insurer helped our client obtain Social Security disability benefits under a compassionate allowance for early onset Alzheimer’s Disease, but then disputed the client had that ailment. We first persuaded the insurer to pay the claim. Then after paying the claim for two years, the insurer asserted the client’s symptoms were caused by depression, rather than the early onset Alzheimer’s Disease, despite instructing a Social Security advocate to assert the Alzheimer’s Disease. We demonstrated that in the diagnostic testing, doctors performed certain testing that distinguishes between forms of dementia and depression in causing the symptomology. After these efforts, we recovered the benefits for the client, which provided at least one fewer source of stress for the family.
Dementia refers to different medical conditions that cause memory loss and other cognitive impairments in adults. People with dementia might have difficulty going about their usual daily lives, and dementia can certainly impair your ability to work. While dementia is most commonly diagnosed in people over age 65, early-onset dementia can occur in adults as early as their 30s. A diagnosis of early-onset dementia or dementia (if you are still working past age 65) can turn your life upside-down. Some effects of dementia include memory loss, difficulty finding words or communicating clearly, getting lost easily, trouble with problem-solving and reasoning, challenges with organization, following directions, and handling complex tasks, disorientation and confusion, and problems with motor function and coordination.
If you cannot think, reason, or communicate clearly, you likely will not be able to continue working with dementia.
Dementia can have an impact on your life, whether it is caused by Alzheimer’s disease, strokes, traumatic brain injury (TBI), Parkinson’s disease, or other conditions. Get the medical treatment plan that is right for you, and then speak with a Chicago disability lawyer about your options for seeking benefits. This is critical to maintaining financial support after you stop working.
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)
Dementia – especially early-onset dementia – can disrupt your ability to work and earn a living. If you have disability insurance coverage, you should start the claim process as soon as possible, and Bartolic Law can help. Contact us to learn more and allow us to evaluate your disability claim.