Has Dercum’s disease left you unable to meet your work duties, or has your claim for Dercum’s disease disability benefits been denied? Contact Fields Law.

Common Reasons Why Dercum’s Disease Disability Insurance Claims Are Denied

One of the most shocking experiences for patients suffering from the disease isn’t the initial diagnosis, but finding out that their Dercum’s disease disability claim has been denied.

Unfortunately, it’s not unusual for a Dercum’s disease insurance claim to be denied. Many of its most debilitating symptoms like chronic pain, fatigue, and cognitive issues aren’t outwardly apparent. That causes insurers to scrutinize these claims closely.

Insurers often argue that the symptoms are “self-reported”, and that they lack sufficient objective medical evidence. They may also scrutinize treatment and medical records, citing that they do not document any physical limitations.

Some insurers also ask claimants to receive an Independent Medical Examination (IME). These exams are often conducted by medical professionals who are selected by the insurer, and they may be more likely to push back on the severity of the claimant’s limitations or determine that they can keep working.

In other cases, the issue isn’t that a person has the condition, but rather that the insurer doesn’t believe that it has any material effect on the claimant’s ability to work. This is because the disease affects each person differently, and symptom severity can vary between individuals.

In order for an insurer to award Dercum’s disease disability benefits, the claimant must show sufficient proof that the condition prevents or limits their ability to work.

Increasingly, insurers are also surveilling their claimants’ social media accounts for evidence that contradicts their disability claim. For example, photos or videos from a day at an amusement park can be seen as proof that you are capable of performing work-related duties.

How a Dercum’s Disease Disability Attorney Can Help Your Insurance Claim

In order to qualify for Dercum’s disease work disability benefits, claimants must be able to prove that the condition prevents them from working.

With nationwide experience in disability cases, Fields Law can help you prepare an effective case.

We start by helping our clients identify what is needed to prove their case. That means reviewing your policy for the specific definitions of disability, as well as deadlines, limitations, and other requirements needed.

We help our clients obtain medical records, physician statements, and vocational evaluations that not only prove your Dercum’s disease diagnosis, but also paint a picture of how significantly the disease has impacted your ability to work.

Fields Law will gather and present the evidence in an organized and focused claim that demonstrates the effects of your condition on everything from your attendance at work to your productivity, job duties, and cognitive and physical performance.

We also ensure that your claim is submitted in advance of the insurer’s deadlines for filing a claim. If your claim has already been denied, we can also help you prepare an appeal within the appropriate deadlines.

As nationwide disability attorneys, Fields Law has familiarity with the tactics used by nearly every insurer to deny claims. They often seek to minimize symptoms, obtain unfavorable medical reviews from “independent” examiners, and interpret evidence in ways that favor their policy language.

Our attorneys have the experience and the knowledge to counter these tactics and advocate for the rights of our clients.

How to Respond to a Dercum’s Disease Disability Claim Denial

If you’ve already had a Dercum’s disease disability insurance claim denied, you’re likely left wondering how that could possibly happen. As we’ve seen, insurers often use a variety of tactics to deny the very claims you expect them to honor.

The important thing to remember is that a denial does not necessarily mean your claim is over. Dercum’s disease disability insurance claims are often denied initially, but in many cases, claimants have options to appeal the insurer’s decision.

Many employer-sponsored Long Term Disability policies are governed by the Employee Retirement Income Security Act (ERISA). This federal law provides most with an opportunity to appeal a disability denial.

However, there is a strict deadline to file an appeal under ERISA. In most ERISA-governed plans, there is a window of at least 180 days to appeal disability claims. That deadline is typically counted from the day a denial letter is received by the claimant.

With only a limited time to appeal, it’s important to seek legal help as soon as possible after receiving a denial. Fields Law’s Dercum’s disease disability lawyers can help you understand the reasons for your denial and begin building a strong case for appeal. When we’ve gathered enough evidence to create a strong appeal, we will help you file it within the appropriate deadline.

Our team of Dercum’s disease Long Term Disability attorneys can help you:

• Gather additional medical evidence
• Collect detailed statements from your treating physicians
• Obtain a written statement from your doctors that explains how your specific Dercum’s disease symptoms restrict your work capacity
• Work with vocational experts to further document how your condition affects your work duties
• File an appeal within ERISA deadlines

We can also help reduce the burden of the process by communicating with your insurance company on your behalf, addressing the reasons for your claim denial, and advocating for the full extent of benefits available under your policy.