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disability insurance lawyer

COVID induced POTS and Nervous system disorders

COVID Induced POTS Or Nervous System Disorders

Since the coronavirus pandemic began, we have seen an increase in COVID-19 long haulers who are now debilitated by COVID-induced POTS or Nervous system disorders. We have been appealing Long Term Disability Insurance denials for clients suffering from POTS (Postural orthostatic tachycardia syndrome) and other Nervous System Disorders for many years. And we have found …

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Long Term Disability & The Comorbidities Of EDS, POTS & MCAS

Over the years we have represented many clients in Long Term Disability Insurance claims for POTS (Postural orthostatic tachycardia syndrome)  or EDS (Ehlers-Danlos syndrome)or MCAS (Mast Cell Activation Syndrome). Then we started to notice a rise in cases where 2 or all 3 syndromes had been diagnosed. In 2016 Researchers found a genetic mutation that links Ehlers-Danlos …

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Stiff Person Syndrome

Stiff person syndrome (SPS) Stiff person syndrome (SPS) is a rare, progressive syndrome that affects the nervous system, specifically the brain and spinal cord.  Although very rare (Stiff Person Syndrome affects only 1 in a million people), McDonald & McDonald has represented several Long Term Disability Insurance clients who have suffered from SPS. The cause of stiff person syndrome is unknown, …

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Requirements For Filing A Long Term Disability (LTD) Insurance Claim

What You Need To Know To File A Long Term Disability Claim Under ERISA: Q.   On what day did you become a plan member? This is very important because some plans require a waiting period before you become a plan member. The Plan may require you be employed 90 days before you become a …

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Sjögren’s Syndrome & Long Term Disability

Sjögren’s (“SHOW-grins”) Syndrome is a systemic autoimmune disease involving gland dysfunction that can affect the entire body. Because Sjögren’s Syndrome is an autoimmune syndrome, it is found more commonly in families that have members with other autoimmune illnesses. In autoimmune disorders, the immune system, which normally protects the body from infection and cancers, may cause …

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Mental Health, Bipolar 1 & Long Term Disability Denials

Mental Health, Bipolar 1 & Long Term Disability Denials In our experience, when Long Term Disability (LTD) insurance companies evaluate mental health cases, such as Bipolar 1, they typically attempt to redefine the illness and ignore their own definition of disability under the disability insurance policy. Nearly all long-term disability (LTD) policies cover mental health …

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Important Shifts in Fibromyalgia Proof for LTD cases 2017

Fibromyalgia Claims Fibromyalgia is a disease that does not offer any objective evidence or test results. It has been difficult to “prove” for long-term disability claims in the past. In 2017 there were two strong decisions which overturned long-term disability benefit denials. Disabled claimants were entitled to long-term disability benefits for fibromyalgia. The 2017 rulings represent important …

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Do Not Appeal Your Long Term Disability Insurance Denial Without An ERISA Attorney

If the insurance company sends you a denial, you have the legal right to an appeal in a long term disability case. The denial letter is really important because that denial letter is going to tell you that you have an ability to appeal. And the ability to appeal is not something that the insurance …

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Missing Pieces of the Administrative Record – Full & Fair Review under ERISA?

ERISA “Full & Fair Review” & the Missing Pieces of the ADMINISTRATIVE RECORD One of the most important pieces in a long-term disability case is the “administrative record.” The administrative record is defined as: everything that the insurance company considered in the denial of your claim. It also includes any appeal that you might submit, …

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