How to Prove a Disability Claim for Cognitive Impairments in Tech Roles

For tech professionals, cognitive function is the most critical asset. When conditions like brain fog, memory loss, or attention deficits strike, they can be just as debilitating as any physical injury. Proving these “invisible” disabilities for a Long-Term Disability (LTD) claim, however, presents unique challenges. Success hinges on translating subjective experiences into objective evidence that an insurance company cannot dismiss.

Here are the key elements of building a strong claim:

• Understand Legal Criteria: Your policy’s definition of “disability” is the standard you must meet.
• Gather Comprehensive Evidence: Your claim needs more than just a diagnosis; it requires proof of functional limitations.
• Communicate Limitations Clearly: Effectively show how your cognitive symptoms prevent you from performing the specific demands of your tech role.

Bartolic Law can guide you through each of these elements, ensuring your claim is strong and compelling. We understand the legal criteria and evidence required for a successful outcome.

What Documentation Is Necessary for My Claim?

When your primary symptoms are cognitive, insurers often push back, demanding “objective” proof. Your word and even your doctor’s diagnosis might not be enough. To build a compelling case, you need to assemble a wide range of documentation. Think of it as building a data set that proves your disability.

Your medical records are the foundation. These should include not just notes from your primary physician but also from specialists like neurologists or neuropsychologists. If you’re experiencing brain fog from “long COVID,” fibromyalgia, or another condition, ensure your records detail every symptom.

Beyond standard medical files, a neuropsychological evaluation is one of the most powerful tools. This series of standardized tests provides objective data on your cognitive functions, such as memory, processing speed, and executive function. The results can translate your daily struggles into concrete proof of impairment that insurers find difficult to dispute.

How Can I Demonstrate My Cognitive Impairment Affects My Job Performance?

This is the most critical question for a tech worker. Your job isn’t just about showing up; it’s about complex problem-solving, attention to detail, and sustained mental focus. An insurer might argue that you can still sit at a desk, so you can still work. You must prove why that isn’t true.

First, get a detailed description of your job duties, not just the generic one from HR, but a real-world breakdown of your tasks. Did you write complex code? Manage multiple projects? Analyze large data sets? Be specific.

Next, connect your documented limitations to these duties. For example:

• If you have impaired short-term memory, explain how this prevents you from tracking project requirements or remembering key details from a team meeting.
• If you suffer from slowed processing speed, show how this makes it impossible to keep up in a fast-paced agile development environment.
• If you struggle with executive dysfunction, describe how this impacts your ability to plan, organize, and execute complex tasks, which are central to most tech roles.

Statements from colleagues or supervisors who witnessed your decline in performance can also be powerful. Did you start missing deadlines? Was the quality of your work suffering? This third-party validation helps corroborate your own reports.

What if the Insurer Still Denies My Claim?

Denials for cognitive claims are common, but they are not the end of the road. An insurer may argue there is “no objective basis” for your symptoms or that your limitations aren’t severe enough to prevent you from working. This is where legal guidance becomes essential.

An experienced disability attorney knows how to challenge these denials. We can help you gather the right evidence, secure expert opinions, and build a persuasive appeal that clearly demonstrates the reality of your cognitive impairment.

Let Us Help You Turn a Denial Into an Approval

At Bartolic Law, we understand the unique challenges tech professionals face when their cognitive abilities are compromised. We build compelling, evidence-based cases for clients with invisible disabilities. If your claim has been denied, don’t let the insurer have the last word. Contact us today for a consultation to learn how we can help you get the benefits you deserve.