Multiple Sclerosis Claims

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

Multiple sclerosis is a disease in which the immune system eats away at the protective myelin covering around the nerves of the central nervous system and also eats away the nerves themselves.  Its debilitating symptoms are not often obvious or objectively quantifiable, and are therefore easier for long-term disability insurers to attack in order to avoid paying long-term disability benefits.  While multiple sclerosis can cause a number of physical symptoms including walking difficulties, spasticity, seizures, and tremors, many of these symptoms may not be present or may only be present on occasion.  Many of the most debilitating symptoms of multiple sclerosis severely impact one’s ability to work. These symptoms include fatigue, numbness or tingling, weakness, pain, emotional changes including irritability, mood swings, and uncontrollable emotional responses, and cognitive changes including the ability to learn and remember information, organize and problem solve, focus attention, and accurately perceive the environment.  Medications often also cause debilitating side-effects, such as fatigue and cognitive impairment.  Insurers often rely upon the inability to objectively prove these subjective symptoms to deny valid claims for long-term disability benefits.

Disability insurers often assert that that disability claimants with multiple sclerosis can work in their occupations because they are physically capable of performing normal physical activities such as walking, lifting, sitting, speaking, and typing.  Disability insurers regularly assert that there is no objective evidence in disability claimant’s medical records to confirm their subjective complaints of symptoms such as pain, fatigue, inability to focus and concentrate, problem solve, and remember information.  This can be especially frustrating to claimants who can no longer perform their mentally demanding occupations that require constant recall and decision making, high levels of focus and concentration, and high organization and analytical capabilities.  However, long-term disability insurers cannot ignore subjective symptoms that cannot be verified objectively to assert that their long-term disability claimants are capable of performing tasks that their subjective symptoms prevent them from being able to perform.  Insurers also cannot ignore the physical, mental and cognitive demands required by their insureds’ occupations to deny long-term disability insurance benefits.

If your disability insurer denied your long-term or short-term disability insurance claim, let us assist you by providing expert legal assistance to get your disability insurance claim paid.  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.