Archives for July 2018

Can You Get Long Term Disability for PTSD in Houston, TX?

July 31, 2018 by

Long-term disability can be a difficult journey, from an illness that keeps you from working to the extensive medical appointments and paperwork involved before you start receiving benefit payments. But if that disability is PTSD, it can be even more difficult.

Can You Get Long Term Disability for PTSD in Houston, TX?

What is PTSD?

PTSD, or Post Traumatic Stress Disorder, is a condition seen in individuals who have witnessed or lived through a traumatic event. It’s a type of anxiety disorder that’s triggered by a traumatic event.

While PTSD is commonly associated with combat veterans who have spent time in war zones, PTSD can also occur in civilians. Natural disasters (like last year’s Hurricane Harvey), becoming a crime victim, receiving a diagnosis for a serious medical condition, car crashes, domestic violence, and other unexpected traumas can give someone this disorder.

Post-traumatic stress is commonly grouped into three types:

  • Intrusive memories—i.e., “flashbacks,” re-living the event or having recurrent nightmares
  • Avoidance/numbing—or avoiding thinking about it, as well as hopelessness, memory and concentration problems, difficulty with close relationships and no longer enjoying previous activities
  • Hyperarousal (or increased anxiety or emotional arousal), increased irritability or anger, shame or guilt, insomnia, self-destructive behavior (alcoholism, drug use, etc.) and being easily startled.

PTSD can cause problems in your job, your relationships, your marriage, as well as everyday activities. It also put you at risk for additional mental conditions, such as depression, eating disorders, suicidal thoughts, and other anxieties. The side effects of PTSD have also been shown to be linked to physical illnesses such as cardiovascular disease, autoimmune diseases, and chronic pain.

Treatments for PTSD can include various forms of psychotherapy, and psychiatric medications, short-term or long-term.

Policy Limits On Mental Illness

Because it isn’t something that can be detected with an X-ray or a blood test, insurance companies have additional restrictions on claims for mental conditions. The first step is to review your LTD policy, find out what they do cover, and see if there is a specific exclusion for PTSD or other mental illnesses.

Many LTD policies put a two-year limit on claims for mental illnesses, so it’s important to know what you need and what you can get before you start your application.

Review your policy to find out exactly what requirements you need to meet to file your claim. If your PTSD is the result of another medical condition, such as injuries after an accident or a disease diagnosis, you may be able to qualify.  In order to do that, you’ll need to collect enough evidence to prove that your physical condition that caused PTSD could render you disabled on its own. This is where an attorney can guide you through the process and increase your chances of proving your claim and having it accepted.

Your Houston LTD Disability Attorney

PTSD is a particularly difficult illness, but applying for LTD can make things even worse. We can help you through the long process of getting long-term disability benefits.

Over 4,000 Houstonians have received the LTD benefits they need, and we can help you too. The Herren Law Firm can help you with your application, appeals and help you through the process so you can begin healing. Contact us today at 713-682-8194 to schedule your free consultation. There’s no obligation and no up-front fees.  We only collect if we win your case.

 

Filed Under: Long Term Disability Tagged With: , ,

Houston Attorney for CIGNA Disability Claims

July 15, 2018 by

Most people don’t expect to become disabled. But in the US, one in five individuals is considered disabled, enough not to work. Some need time to recover from an illness or injury. Some may never return to work, and will be on disability for the rest of their lives. But in many cases, part of their journey to disability involves long-term disability insurance. And for many, that insurance company is CIGNA.

Houston Attorney for CIGNA Disability Claims

Who Is CIGNA?

It’s one of the largest healthcare insurance companies in the world, for both companies and individuals. Whether you’re buying on your own or through your company, CIGNA offers health and dental insurance, Medicare, and supplemental coverage to augment your regular insurance policies. These include accident insurance, two types of cancer insurance, heart attack/stroke insurance and “whole life insurance” for final expenses.  Companies can also choose from supplemental group plans, wellness programs, cost control options and benefit technology solutions.

If your company offers short- and long-term disability insurance, there’s a good chance it’s also through CIGNA.

CIGNA is also one of the world’s largest group disability insurance companies. Calling itself a “global health services company,” CIGNA was ranked #97 on the Fortune 500 list in 2014. The company has more than 37,000 employees worldwide, has over $35 billion in revenue and $10.8 billion in shareholder’s equity.

While CIGNA offers a wide range of related services worldwide, they are also in business to make money. Denying claims is part of their business.

What CIGNA Is Really Like

Company literature touts their slogan, “Together, all the way.”  But policy holders who have CIGNA will tell you that once you file a disability claim, it’s not always like that. For a vulnerable person who needs help, CIGNA turns their back on many of their policyholders.

The company has a reputation for denying claims immediately, with little or no investigation, and only minimal documentation is used to deny claims. They also have a reputation for ignoring policyholders, not responding to phone calls and emails, and issuing multiple requests for the same information.

The company is governed by ERISA guidelines, but uses them to its advantage. CIGNA’s deadline for deciding your claim is 45 days, but the company routinely asks for 30-day extensions to delay that decision. They also continually ask for additional bits of information to further delay decisions—every request stops the time, and then starts it over. When you receive these requests, answer them immediately. The initial claim decision generally takes about 105 days with the extensions.

If your claim is denied, you’ll have 180 days to appeal. Don’t wait—begin your appeal immediately (and if you have a disability attorney, he or she will know what to do.) Your appeal will take time to prepare—don’t wait. CIGNA will take 45 days to respond to your appeal, but may also request a 45-day extension, making it 90 days.

Another tactic CIGNA uses is to continually ask for information and stalling their decision. You may also be told by one of the many “case workers” you speak to that if you’ll just write a simple letter, your claim will be approved and your checks will begin right away. This is another stalling technique, and can be used to deny your claim. Talk to your attorney if you’re being ignored or treated badly.

Don’t Ignore Appeals

Appeals are essential to getting your claim approved if you’re denied the first time. Pay attention to the deadlines given—if you miss it, you’ll lose your ability to appeal, and possibly your entire claim to long-term disability.

CIGNA allows two appeals before either approving your claim. If you’re still denied, you may opt for a lawsuit. If you don’t have an attorney at this point, you’ll need one now.

Are You Fighting With CIGNA?

Fighting with your insurance company can be worse than having a disability. It doesn’t have to be that way. A thorough and complete application is the best way to start, and we can help.

We understand the process of applying for disability and dealing with appeals—we do it every day. The Herren Law Firm in Houston, TX can assist with your application, appeals and all documentation. Contact us today at 713-682-8194 to schedule your free consultation. We’ve helped over 4,000 Houstonians get their disability benefits, and we only collect a fee if we win your case. Don’t fight alone—call us today.

Filed Under: Long Term Disability, Social Security Disability Tagged With: , , ,

Can You Get Long Term Disability for Anxiety in Houston, TX?

July 1, 2018 by

Nearly everybody goes through difficult times. Some may find themselves with depression and/or anxiety until things get better. But is your anxiety bad enough to warrant long-term disability? It can be, if it prevents you from working, and inhibits nearly every part of your life.

Can You Get Long Term Disability for Anxiety in Houston, TX?

Anxiety, like most mental illnesses, is difficult to positively diagnose, and therefore harder to claim. Unlike an injury, such as a broken leg, or a condition like cancer, anxiety doesn’t have symptoms that are readily obvious or detectable with a blood or other medical test. But living with a physical disability can also trigger concurrent mental disabilities, including anxiety.

What Is Anxiety?

Anxiety is usually defined as a chronic fear or worry about something that could happen, but hasn’t happened yet, and may never happen. There are many factors that can trigger this fear or worry, such as work-related issues, relationship problems, or other problematic situations (i.e., a car accident, chronic pain, etc.) A shortage of oxygen in some areas can contribute to anxiety, as well as brain chemistry. Certain medications can also cause anxiety, as well as withdrawal from some substances.

Mild cases may remedy themselves, but severe cases can be debilitating and prevent you from working and living your life. There are multiple variations of anxiety:

A mental health professional (i.e., psychiatrist) can identify the cause of the anxiety. A physical exam, including medical testing, can identify any physical symptoms that may be causing the anxiety.

A positive diagnosis includes consistent worry for more than six months, difficulty in controlling that worry, and that the symptoms severely impact everyday life, interfering with work and/or school, etc.

Check Your Policy First

The first thing you’ll need to review is your LTD policy. What does it consider a “disability?” Does it cover mental illnesses? More importantly, does it exclude mental illnesses?

Check to see how your policy defines “disability.” Many LTD policies put a two-year limit on mental illness benefits. Anxiety may develop for any number of reasons, but it’s important to note if it develops in someone who is living with a physical disability that prevents them from working. Your LTD policy will tell you if mental illnesses are limited, or outright excluded.

You’ll need to meet all the other requirements of your LTD policy to be able to file the claim. If your anxiety was caused by an underlying physical condition, you may be able to collect benefits beyond the two-year standard for mental illnesses. But in order to do that, you’ll need to curate enough medical evidence that demonstrates your physical illness qualifies you as disabled on its own. This is where an attorney can help you.

The Human Factor

Always remember that disability insurance claims processors aren’t medical professionals. They’re not trained to offer medical advice or opinions, only to examine claims to see if they’re properly supported and submitted. They’re looking for anything that positively proves your disability, be it mental or physical.

Don’t rely on the insurance company to get everything. The more documentation you can submit that supports your claim, the better your chances of approval. Providing copies of physician’s notes, additional medical records, prescription records, therapy notes, and anything else that might be relevant can be submitted to support your claim.

Also be careful of any questionnaires or other documentation the insurance companies send to you. Some of the questions may be carefully written to intentionally disqualify your claim when you believe you’re answering truthfully to better support your claim. Having a disability lawyer review documentation before it’s sent to the insurer will help prevent automatic disqualifications for these kinds of questions, and make sure your claim is thorough and complete.

Surveillance

It’s not uncommon for insurance companies of all kinds to conduct surveillance on someone filing a claim, whether it’s LTD, for a car accident or a personal injury claim. (This is also common in divorce cases.) You may be followed, or your social media may be examined for evidence that you’re not as disabled as you claim, so be cautious about your activities and postings. Be aware that any evidence that is gathered can be used to deny your claim, even if it’s misrepresenting.

Your Houston LTD Disability Attorney

Nobody wants to suffer from chronic anxiety, but applying for long-term disability can be difficult. It’s important not to give up. We’re ready to help you through the long process of getting long-term disability benefits.

Over 4,000 Houstonians have received the LTD benefits they need, and we can help you too. The Herren Law Firm can help you with your application, appeals and help you through the process so you can concentrate on getting better. Contact us today at 713-682-8194 to schedule your free consultation. There’s no obligation and no up-front fees.  We only collect if we win your case.

 

Filed Under: Long Term Disability Tagged With: , ,
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