Our clients with concussion need extra TLC.
We know that you may need some very specific accommodations for your condition.
Extra time, repetition, follow-up email reminders and "to do" lists, in-person meetings, telephone, video calls.
Just let us know what we can do to accommodate you.
We also know that dealing with prolonged symptoms of concussion can be frustrating and overwhelming.
You may also be struggling emotionally and have depression and anxiety.
We provide our legal services with a Trauma Informed approach.
Long Term Disability due to concussion is difficult to prove but it's not impossible.
Proving disability for a concussion can be challenging. The symptoms and effects of a concussion are often not visible and can be subjective. However, there are several ways to document and prove the disability for a concussion:
Medical Records: It is essential to seek medical attention for a concussion and document all medical treatments received. Medical records can provide detailed information about the injury, the symptoms, and the recommended treatments.
Neuropsychological Testing: This type of testing can assess cognitive function and provide evidence of cognitive deficits caused by a concussion.
Expert Opinions: Expert medical opinions can be helpful in proving disability for a concussion. These opinions can come from a treating physician or a qualified expert in the field of concussion diagnosis and treatment.
Functional Capacity Evaluations (FCEs): These evaluations can help assess the individual's physical, cognitive, and emotional abilities and limitations, providing objective evidence of the disability.
Supporting Documentation: Collecting documents such as workplace performance evaluations, work restrictions, and other medical records can help build a strong case for the disability.
If your LTD claim for concussion is denied or terminated, we can assist in determining whether to appeal the decision or if litigation will be necessary.
Why are LTD claims for concussion denied?
We know how to use our clients' medical evidence and the law to successfully argue our clients' entitlement to their disability benefits. Disability claims for concussion may be denied for various reasons. We know how to dispute all of the following types of denials:
Insufficient medical evidence: Insurance companies require substantial medical evidence to support disability claims. If there is not enough medical evidence to support the claim, the claim may be denied.
Lack of objective findings: Unlike other medical conditions, concussions do not always show up on imaging tests or other objective tests. Insurance companies may require objective evidence of the concussion to approve a claim, such as cognitive or neuropsychological testing, which can be difficult to obtain.
Failure to follow treatment plan: If the claimant fails to follow the recommended treatment plan for their concussion, the insurance company may deny the claim.
Pre-existing condition: If the claimant had a pre-existing condition that could have contributed to the concussion or its symptoms, the insurance company may deny the claim.
Policy exclusions: Some insurance policies have exclusions for certain types of injuries, such as head injuries or injuries sustained during certain activities, such as sports.
It is important to have an excellent understanding of the disability insurance policy and the specific requirements for the claim in order to increase the chances of a successful claim. Consulting with us can be helpful in navigating the claims process and appealing or litigating denied claims, particularly when you are struggling with the symptoms of concussion.