Sage Datko  |  September 18, 2020

Category: Legal News

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Ongoing advances in the treatment of Parkinson’s disease are improving the quality of life and prognosis for many of its sufferers, but a great many will still find themselves struggling to perform everyday tasks at some point. That includes working.

For that reason, long-term disability insurance can be worth considering.

Long-term disability or LTD insurance provides financial protection to workers in the event that illness, such as Parkinson’s disease, or injury prevents them from doing their job and earning the money they need to stay afloat. LTD insurance pays out a percentage of a person’s regular salary if he or she becomes disabled and cannot work for an extended period of time, usually a year or more.

Many long term disability policies pay out up to 60% of a worker’s former salary during the time they are unable to work. Some disability insurance policies also offer flexible options to people who are able to return to work part time, or offer training to people who are unable to return to their previous occupation.

Most long term disability insurance policies, like that provided by Unum, have a time period known as an elimination period, during which the worker is not eligible to receive benefits. In many cases, this elimination period may last several months. After the period has passed, if the worker is still disabled, they may begin to receive their benefits.

What is Parkinson’s Disease?

Parkinson’s disease is a neurodegenerative disorder that sets in when neurons, a type of nerve cell in a specific area of the brain, don’t produce enough dopamine. Dopamine is an important brain chemical, according to the National Library of Medicine’s online resource MedlinePlus. Dopamine is a type of neurotransmitter, which the nervous system uses to relay messages between nerve cells. The same neurotransmitters are also the cells that die with Parkinson’s disease. The dopamine deficiency results in changes to Parkinson’s patient’s motor skills.

Though each patient is different, and experience of the disease can vary widely, people with Parkinson’s disease are likely to undergo changes in their balance, the way they walk and the speed with which they move generally. Tremors and rigidity of the limbs are also among the most common symptoms, the Parkinson’s Foundation says.

In most cases, symptoms develop gradually and there is a typical pattern of progression that happens in five stages, according to information on the foundation’s website.

Patients in the first stage might have mild tremors on one side of their body and slight changes to their posture, gait, and facial expressions, but those typically do not impede their routine activities. In the second stage, symptoms begin to worsen and spread to both sides of the body, making daily activities more challenging. In the third stage, according to the Parkinson’s Foundation, patients usually suffer imbalance and slow movement, making it harder for them to dress and eat.

Stage four is marked by the need for assistance with the activities of daily living and the inability to live alone. At the fifth and final stage, Parkinson’s sufferers are typically so stiff in the legs it can be impossible to stand or walk, limiting them to a wheelchair or bed and requiring full-time nursing care.

What Causes Parkinson’s Disease?

Scientists and doctors still don’t know the exact cause of Parkinson’s disease, but some factors have been identified as contributing to its onset. Genetics is one of them. The genetic mutations linked to Parkinson’s are not common, though.

Environmental triggers have also been discovered, according to information from the Mayo Clinic. “Exposure to certain toxins or environmental factors may increase the risk of later Parkinson’s disease, but the risk is relatively small,” the hospital reports.

Does Long Term Disability Cover Parkinson’s Disease?

A Woman Files a Long Term Disability Application Over Unfair Disability DenialLong-term disability insurance – purchased individually or through an employer-sponsored group plan – typically replaces a portion of the policy holder’s income if a medical condition or injury has disabled them to the extent they cannot work.

Every policy has specific requirements for meeting its definition of a disability and most disability insurance will exclude or limit coverage for certain conditions, possibly including pre-existing conditions.

Often, these policies do not cover injuries or illnesses related to alcohol or drug abuse, including injuries that occur as a result of driving under the influence, self inflicted injuries, injuries sustained while committing a crime, injuries or illnesses that occur while the policyholder is incarcerated, injuries stemming from participation in a riot or civil unrest, or injuries that occur from engaging in war. Mental health disorders may be covered depending on the policy that you choose.

Additionally, LTD policies will often refuse to pay benefits unless the applicant is actively getting care and treatment. “That does not mean that you must engage in all possible therapies. However, you should be under the care of a treatment team, including a neurologist,” the American Parkinson Disease Association says. Otherwise, the disability claim might be denied.

In order to ensure that policyholders are actually disabled, many long term disability providers conduct covert surveillance on applicants to assess whether they are following their doctor’s orders regarding mobility. It is important to follow your physician’s instructions regarding your activities, as photos and videos of applicants may be used as evidence to disprove your claims of Parkinson’s disease or other disabilities.

Do You Need Long Term Disability for Parkinson’s?

Whether long-term disability insurance is necessary for a patient with Parkinson’s disease depends on the individual and their circumstances. But as the disease progresses, walking, talking – even swallowing – and other seemingly simple activities can become difficult, if not impossible, the National Institute of Neurological Disorders and Stroke says.

How Can an Attorney Help with Parkinson’s LTD?

An LTD insurance attorney can provide guidance to a person with Parkinson’s disease at any point in the process of filing a claim for benefits. Legal advice can be especially helpful in completing and filing an initial claim application, in working to restore benefits if they have been cut off, and in dealing with a denial of a claim for benefits and preparing an appeal.

Lawyers who deal in long-term disability cases can offer assistance ranging from explaining options and insurance law to reviewing medical records and calculating benefits and to filing lawsuits, if necessary.

Get Help With Your Long Term Disability Insurance Appeal

If an insurance company denied your long-term disability insurance claim within the past 180 days, a knowledgeable insurance attorney can help you appeal.

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