Have you received a multiple sclerosis disability claim denial? Fields Law can help you understand your options.

Can You Get Disability for Multiple Sclerosis?

In most cases, being diagnosed with a form of MS won’t directly lead to receiving MS disability benefits.

Whether or not your insurer will consider you eligible for disability depends largely on the impact the disease has on your day-to-day ability to work. Many people who have a form of MS can still continue working, while others cannot.

The success of an MS insurance claim depends not on a diagnosis, but on demonstrating how the condition keeps a person from doing their job.

Can You Get Short Term Disability for Multiple Sclerosis?

A common question we hear is “can you get Short Term Disability for multiple sclerosis?”

It is possible, but Short Term Disability can be difficult to prove to an insurance provider. Claimants must be able to show that an MS relapse or flare up prevents them from performing the core duties of their job.

Many disability policies have an exclusion period of one to two weeks, which means your symptoms must keep you from working for a certain period of time before you can qualify for Short Term Disability benefits.

Qualifying for Short Term Disability will require medical documentation and a statement or report from your doctor that supports work limitations. Flare ups that are self-diagnosed or unsupported by medical documentation are more likely to be denied.

Can You Get Long Term Disability for Multiple Sclerosis?

People who experience persistent symptoms and are unable to perform work duties reliably may be able to qualify for Long Term Disability benefits.

Many Long Term Disability policies require a claimant to be out of work throughout an elimination period before they become eligible for benefits, which can vary between policies.

Symptoms of MS often come and go. Consistent medical documentation of the progression of the disease makes a big difference. Without it, proving Long Term Disability for MS is difficult.

Common Reasons for Multiple Sclerosis Disability Claim Denial

When you’ve been diagnosed with MS, being denied disability benefits can come as a shock. Unfortunately, insurance providers commonly deny claims related to MS for a predictable set of reasons.

The most common reason we see for an MS disability claim denial is a lack of objective evidence. MS is not a disease where disability is easily visible. Insurers typically look for medical evidence that connects MS symptoms directly to limitations on the individual’s ability to perform their job duties. Without that evidence, a denial is likely.

Another reason denials happen is because the symptoms of some forms of MS can fluctuate day-to-day. The fact that a claimant has “good days” and “bad days” is often held against them. Insurers argue that they can still perform work duties.

Insurers also tend to use strict definitions of disability in their policies. A good example is “own occupation” vs “any occupation” language. A policy may essentially claim that you can fulfill the demands of any occupation, even if it’s not the one you’ve held for years.

In some cases, insurers have used a claimant’s social media against them. Photos or videos of the claimant enjoying everyday activities can be used by insurers to argue that the condition does not limit their ability to work.

These are among the most common reasons for denials, but insurers can use many other tactics to delay or deny claims.

Working with a disability lawyer like those at Fields Law can help you understand why you were denied, and build an appeal that challenges their reasoning.

How a Multiple Sclerosis Disability Attorney Can Assist Your Insurance Claim

Filing an MS insurance claim or challenging a denial requires detailed documentation. Fields Law can help you:

• Collect complete medical records, a history of progressive conditions
• Gather documentation from treating providers
• Work with your doctor and vocational experts to document your work limitations
• Document how MS symptoms affect your ability to consistently perform work duties

Without the right documentation, multiple sclerosis insurance claims can be quickly denied.

Fields Law can help you gather the right evidence to build a strong claim.