Qualifying for Long Term Disability Insurance Benefits with Multiple Sclerosis

Tucker Law Group
March 13, 2020

An estimated 1 million people in the United States live with multiple sclerosis (MS). This chronic autoimmune disease attacks the central nervous system. People living with multiple sclerosis have difficulty walking, talking and performing daily care. It affects every aspect of life and prevents individuals from working and enjoying activities. After diagnosis, they need help paying for medical care and the increased costs of living with this disease. A long term disability lawyer can help them qualify for multiple sclerosis long term disability benefits. Without a lawyer, collecting these benefits is not always easy, even with a diagnosis of multiple sclerosis.

Qualifying for Long Term Disability Benefits & MS

Because there is no one test used to diagnose MS, disability insurance companies are often reluctant to approve claims. Your medical records must strongly support a diagnosis of multiple sclerosis. In addition, your disease must impact your life in a way that prevents you from working and maintaining substantial gainful employment.

Further complicating matters is that multiple sclerosis symptoms tend to appear and then disappear for a while. This makes MS claims complex. When suffering from a flare-up, you may not work for days or even weeks. Under the Employee Retirement Income Security Act (ERISA), an individual must demonstrate how and why they are unable to work. Regardless of their diagnosis, they must show the severity of the impairment. They must also show how it impacts their ability to maintain employment. That is why it is important to document each and every setback or flare-up. Your attorney will need to use this documentation to help prepare your disability insurance claim form.

Reasons Insurance Companies Deny Multiple Sclerosis Long Term Disability Claims

Even when you have a diagnosis of multiple sclerosis, insurance companies do not make it easy to get disability benefits. They often deny claims even when the progression of the disease has made it impossible to continue working. Some of the most common reasons insurance companies deny multiple sclerosis long term disability claims include:

  • Coverage excluded due to a pre-existing conditions clause in a disability policy
  • Subjective limitation clause used to dispute the impact of subjective symptoms, such as pain and fatigue
  • Your MS diagnosis occurred years ago and you still maintained employment
  • Your symptoms are intermittent
  • Cognitive effects of the disease are subjective and not supported by medical records
  • Treatment exists that could allow you to continue to work
  • No objective basis for a diagnosis of multiple sclerosis
  • No objective basis for restrictions based on MS

To fight a long term disability claim denial, it is important to obtain copies of your disability policy and medical records. Review these documents closely to understand your benefits and your diagnosis. Your attorney will need to show proof that your diagnosis of multiple sclerosis meets the policy definition of disability. To do this, your attorney may obtain other documents and records to build your case.

Questions About Recovering Disability Benefits? Contact Our MS Disability Lawyers

If you have questions about collecting long term disability with multiple sclerosis, call us. It is important to speak to the experienced MS disability lawyers at the Tucker Law Group immediately. Our long term disability lawyers may be able to help you obtain the benefits you need if you live with multiple sclerosis. We know how important these benefits are to your overall quality of life and your future.

Call us today at (866) 233-5044 to schedule a free initial consultation. Our attorneys are licensed in Florida and many federal courts across the nation, and we counsel in all 50 states. Call us today!