Cancer Long Term Disability Insurance Claim Attorneys
Cancer, also called malignancy, is an abnormal growth of cells. There are more than 100 types of cancer, including breast cancer, skin cancer, lung cancer, colon cancer, prostate cancer, and lymphoma. The severity of symptoms varies depending on the type of cancer, the treatments needed, and the person’s overall health before the diagnosis is made.
Cancer treatment may include chemotherapy, radiation, immunotherapy, and/or surgery. Many people who suffer from cancer are not able to work because of the disease and the effects of their treatment. While many types of cancer are treated today as chronic conditions to be managed, treatment is still challenging and can be debilitating enough to require individuals to stop working for a while.
Cancer patients who own private or individual long term disability insurance policies will typically contact their insurance agent to discuss filing a claim. For those who obtained their long term disability insurance policy through their employer, they are usually instructed to go online to the insurance company’s portal and fill out a claim form.
For both kinds of insurance policies, the process of filing a claim is challenging. Dealing with a serious illness like cancer while also handling an insurance claim can be overwhelming. Our experience in filing and managing claims takes a great deal of stress off the shoulders of claimants so they can focus on taking care of themselves.
Does It Matter What Type of Cancer I Have for a Disability Claim?
The words “You have cancer” are terrifying to hear. While there are many different types of cancer and new treatments available, many patients cannot work during treatment. Some cancer patients can work part-time while undergoing chemotherapy or radiation therapy, but many are simply not able to work at all and rely on their disability insurance benefits to cover household expenses.
As with any other illness or condition, it is not the diagnosis of cancer that qualifies you for short-term or long-term disability insurance. What matters is your inability to perform the material and substantial duties of your own or any occupation.
This does not seem fair, as a diagnosis of cancer is so frightening to most people that many find themselves unable to concentrate at work, feeling anxious, sad, angry, or experiencing other intense emotions alongside the symptoms of their illness.
What Can I Expect From My Disability Insurance Company When I Make a Disability Claim for Cancer?
Cancer patients filing a claim for long-term disability insurance often find themselves battling both their illness and the long-term disability insurance company to secure benefits. At our disability law firm, we help fight the insurance company so you can focus on recovering from cancer. Long-term disability insurance companies often treat cancer claims like any other claim. If medical records show a condition resulting from cancer or its treatment, the insurance company may attempt to redefine the claim under a different condition, such as anxiety, to impose more restrictive benefit limits.
Side effects of cancer treatments, such as chemotherapy and radiation, vary widely and can have both short-term and long-term impacts. For instance, radiation treatment for breast cancer may impair the heart and lungs, while chemotherapy can result in lasting cognitive or physical side effects.
Cognitive Impairment Resulting from Chemotherapy
“Chemo brain” is a common term used by cancer patients and survivors to describe thinking and memory problems during and after treatment. These symptoms vary greatly and may be temporary or permanent. Ensuring that medical records accurately reflect these issues is critical for supporting a claim.
Case History: Successful Representation of Breast Cancer Patient
Our client, a 47-year-old neurosurgeon, was diagnosed with breast cancer and required multiple surgeries, chemotherapy, and rehabilitation. During treatment, she developed peripheral neuropathy and “chemo brain,” severely impairing her ability to work. Initially, her disability claims were approved, but her insurer, The Standard, later terminated them.
We worked closely with her physicians to gather compelling medical evidence and developed a detailed vocational report highlighting the mental and physical demands of her occupation. Our appeal successfully overturned The Standard’s decision, and her benefits were reinstated. She continues to receive payments for both her group and individual policies.
How Depression and Anxiety in Cancer Patients Impacts Disability Claims
Depression and anxiety are common among cancer patients. Claims adjusters may attempt to reclassify a claim under mental health conditions, which often have more restrictive benefit limits. This tactic is frequently used to delay or deny claims for cancer patients.
Do Insurance Companies Understand the Difference Between Cancers and Their Progression?
It is essential for medical records to be as specific as possible. We collaborate with oncologists to ensure that medical records include:
- The correct medical name for the type of cancer
- Size and location of tumors
- Stage of the cancer
- Biopsy results
- Whether the cancer is operable, inoperable, or unresectable
- Radiological tests, such as CT scans, PET scans, MRIs, and x-rays
- Bloodwork details
We also ensure that medical records accurately reflect the claimant’s inability to perform occupational tasks.
How Our Disability Lawyers Help with Your Cancer Disability Claim
The last thing a cancer patient should worry about is whether their disability insurance company will delay or deny benefits. Jason Newfield has successfully represented many cancer patients and understands how difficult it is to battle a large insurance company while coping with a serious illness.
If you are about to file for a disability claim for cancer or are experiencing delays or issues with your claim, call our offices today for a free consultation.