Psychiatric Disability Claims
Depression, Bipolar, Post Traumatic Stress Disorder (PTSD) and General Anxiety Disorders Do Not Show Up On X-Rays or MRIs But They Are Serious Disabilities
The explosive growth in mental and nervous disorder disability claims in the United States is all too familiar to Americans. Depression, PTSD, Anxiety, and Bipolar disorder are some of the most common conditions today.
Mental and nervous disorders, including depression and addiction, are similar to other disability insurance claims, because of their effect on a person’s ability to work. However, the medical evidence necessary to establish such a psychiatric disability claim for a private insurance policy, or under ERISA, is far more stringent than what is required for proving a physical disability. Mental illness is not always easy to diagnose and can be even harder to prove.
Know About Medical Reports
Above all, an experienced disability attorney needs to know what type of medical reports that should be supplied with the original claim documents. Lack of precision in these reports can make or break psychiatric disability claims.
An experienced disability attorney also needs to know that personal information, especially concerning psychiatric or emotional disability, should never be given to an insurer unless it is absolutely essential, and, even then, with very limited restrictions. Full, complete and relevant medical information must be provided right from the start of the psychiatric disability claim, but the insurance company should get nothing it’s not entitled to.
Insurance companies are likely to deny psychiatric disability claims for three main reasons:
- Insurance companies love to deny claims and keep the money they would otherwise have to pay out
- People under mental pressure are usually easier to push around, and insurance companies love to bully disability insurance claimants
- The “wimp” factor, which applies to all disability claimants, especially to those with mental illness
A competent, aggressive legal advisor is a must to stand between the claimant and the carrier when working with psychiatric disability claims. Such an advocate knows how to cut through the endless paper chase and the many nonsensical insurer reasons for delay or denial of benefits.
Attorney Mike Quiat is highly experienced in successfully handling psychiatric and mental disorder disability claims. Mike understands the nature of these illnesses, and will effectively interact with a treating psychiatrist or psychologist to help prepare a competent and informative claim. He also knows how to evaluate a so-called Independent Medical Examination (IME) that has been bought and paid for by the insurance carrier, and he can size up the validity of personality test results, such as the MMPI.
There should be no illusions. Most psychiatric and mental disorder disability claims are hotly-contested adversarial proceedings, from the moment a claim is filed. The best time to hire a lawyer is before filing a psychiatric disability claim. This helps avoid needless mistakes in dealing with a carrier — mistakes which can be fatal to a claim, and have tragic consequences for the claimant and a family’s future. Nowhere is this more obvious than in the area of mental/nervous disabilities.
So-called “objective evidence” requirements give insurance company claims processors and administrators huge discretion and latitude in denying claims, especially in psychiatric disability claims cases. Many claimants are forced to cope with arbitrary and capricious denials, just when they are emotionally and medically vulnerable and ill equipped to cope with adversity.
Adding to this is the growing financial pressure and concern for the future which is caused by a loss of income that disability can bring, and it can become harder and harder to navigate the future without worsening the depression or other psychiatric condition which a claimant might have.
A lawyer representing a client in a psychiatric disability claim must fully understand the nature of the condition and pay attention to the client’s particular needs when dealing with the client. Mike understands that such a lawyer-client relationship requires special attention and handling.
Individual or ERISA disability insurance claimants with psychiatric disabilities are unwise to go into an adversarial proceeding with a disability insurance carrier, without an experienced advocate at their side.
Remember, insurance companies fight disability income claims every day. You have only one shot to get it right!
Too much is at stake to go it alone. Contact Our NJ Disability Attorney
If you have any doubts about a psychiatric or mental disorder disability claim or the claims procedure, call Mike Quiat, now, at 800-797-5575, for a no-cost consultation. He will make sure you are treated fairly and honestly in pursuing your disability benefits.