Nassau: 366 North Broadway Suite 410 Jericho, NY 11753
Suffolk: 445 Broad Hollow Road Suite 25 Melville, NY 11747
Call Us Toll-Free: (888) 572-0861 Email: firstname.lastname@example.org
Disability claim adjudicators try to guess claimant’s motivation for seeking disability benefits. Depending upon the type of disability benefit at stake, different methods are used to determine motivation.
Long term disability (“LTD”) insurers, such as Unum and Cigna, assume that claimants are lying about their disorder in order to defraud the insurer out of their money. LTD insurers use surveillance, field visits, and background checks for criminal history, financial problems and so, to create evidence to show that claimants are being dishonest. LTD insurers have adopted an irrational culture of corporate paranoia as a way of doing business.
Social Security has rules and regulations that provide how a claimant’s credibility must be assessed. While those rules and regulations can be misapplied, they at least provide an objective guideline that provides grounds for appeal when not followed. One of things that Social Security is supposed to analyze when evaluating a claimant’s credibility are the side effects of medication.
I represent a 43 year old stock broker with psoriatic arthritis whose Social Security Disability (“SSD”) claim was approved today, without a hearing. The diagnosis of psoriatic arthritis itself does not show that the claimant was disabled. Like other psoriatic arthritis cases that I have had where a hearing was required, the stockbroker’s doctors provided reports explaining why the condition precluded work. What is different here was the claimant’s treatment.
For years, the claimant has been required to take Humira, Remicade and now Enbrel injections. Those medications are known as disease-modifying antirheumatic drugs (“DMARDs”). DMARDs have very serious side effects caused by the medications’ blocking the immune system. I contended that the claimant having no choice but to continue taking DMARDs shows that his psoriatic arthritis is very severe. The AdministrPrevious Next
DISCLAIMER This website provides general information on disability law topics as a public service. Information is intended to be as accurate and current as possible, but should not be relied on as legal advice. No attorney/client relationship is created by viewing or using the content on this website. Each legal problem is different, and past performance does not guarantee future results. You should not act on any of the information contained in this site without first consulting legal counsel, which is why readers are advised to seek experienced legal representation in connection with disability related issues. Our Internet links are not associated with us, and we do not guarantee the accuracy of, any information contained in any link. Past performance doesn’t guarantee future results.
Copyright © 2023, Law Offices of Jeffrey Delott
Site Powered By: WebDesignYou