Cancer Claims

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Do you suffer from Cancer?  Did your disability insurer deny your claim for disability insurance benefits?

If you or a loved one has received the demoralizing call from your oncologist that cancer has struck, you may be despondent, anxious, shocked, angry, uncertain about what the future holds or some combination of those emotions.  The last thing you need to worry about is your long-term disability insurer trying to skirt its obligations under your long-term disability insurance policy you purchased for peace of mind precisely for such a time as this.  Let us do the worrying for you while you focus on getting better.  We are experts in handling long-term disability insurance claims for cancer.

There are too many types of cancer to list.  But many forms can cause debilitating symptoms that interfere with your ability to perform the important duties of your occupation.  For example, cancer-related fatigue (“CRF”) is one of the most prevalent symptoms experienced by cancer patients.  It has been reported to occur in a majority of patients across a wide range of cancer types.  CRF can persist for months or even years after the completion of cancer treatment.  CRF is characterized by feelings of tiredness, weakness, and lack of energy, and is distinct from the “normal” drowsiness experienced by healthy individuals in that it is not relieved by rest or sleep.  It occurs both as a consequence of the cancer itself and as a side effects of cancer treatment, although the precise underlying pathophysiology is largely unknown.

Aside from CRF, common side effects from cancer treatments like chemotherapy, radiation therapy, pain medication and others include: memory or concentration problems including “mental fog” sometimes called “chemo brain,” nausea and vomiting, pain and others.  Your cancer and the side effects from treatment can make you feel so sick, tired, weak and unfocused that you just cannot muster the energy to work.

If you suffer from cancer, hopefully you purchased a long-term disability policy or enrolled in coverage with your employer.  It will pay you a monthly disability benefit if you become “disabled” due to an illness or injury, including cancer.  If you have significant symptoms from the disease, treatment or medication that restrict your ability to perform your job and/or any other gainful job, and depending on the language of your particular policy, you may be entitled to receive long-term disability benefits.

Federal ERISA and state bad faith laws which govern disability insurance claims are complex.  Long-term disability insurers are always looking for ways to deny disability insurance claims.  They know them intimately and, likely, much better than you.  If your long-term disability insurer has denied your long-term or short-term disability insurance claim, let us help you.   Please contact us for a free consultation. Call us at (949) 387-9595, email us at info@mckennonlawgroup.com or fill out our Consultation Request Form.  Let us decide whether your long-term disability claim was wrongfully denied and let us see if we can assist you.