A ruptured eardrum, an infection of the outer or middle ear, vestibular and inner ear disorders (such as vertigo and Meniere’s disease) or hearing impairment can seriously disable an otherwise healthy, hardworking individual.
Those who suffer from incessant or recurring dizziness and balance problems, or the limitations of hearing loss, ringing in the ear and other chronic symptoms, have real problems functioning at work. These and other symptoms can prohibit someone from performing the material duties of their occupation, impair concentration, and also become safety hazards.
If you suffer from chronic ear disorders and find you cannot continue working due to the physical and cognitive effects of your condition, you are not alone.
Our law firm represents disabled workers and U.S. military veterans who are afflicted with these “hidden” impairments, including:
- Vestibular Disease
- Balance Problems
- Vertigo (profound dizziness)
- Meniere’s Disease
- Hearing Loss
- Tinnitus (high frequency noises in one or both ears; often loud or roaring)
- Tumor (malignant neoplasm of the ear)
The disability attorneys at Marc Whitehead & Associates will take the steps needed to demonstrate to your insurance provider, the court, the Social Security Administration or the Department of Veterans Affairs that your condition has rendered you unable to work.
Symptoms of disabling ear conditions can include deafness, pain, migraine headaches, nausea, incessant “ringing in the ears,” dizziness and balance disturbance.
Ear disorders tend to cause severe disorientation and fogginess of one’s surroundings, with loss of focus on things other than the claimant’s immediate sensations.
Beyond the demise of a person’s physical activities, ear disorder symptoms interfere with a person’s cognitive abilities. Concentrating on a task; communicating with others in person, by phone, or via computer; reading and understanding complex documents; a doctor performing medical procedures; memorizing detailed facts; solving problems; supervising the work of others; following the directions of supervision—all suffer as a result of outer and inner ear disease.
Disability Insurance Claim Denials for Ear Disorders
If you have filed a long term disability claim for benefits for ear damage, hearing loss or any form of vestibular disorder, do not be surprised if the insurance company denies the claim. Insurers will take many approaches to avoid paying disability benefits for ear disorders. They may reject benefits by alleging:
- the tinnitus is a subjective complaint (not supported by objective medical evidence)
- your vertigo is not a real problem,
- your symptoms are caused by something you did (and not related to ear disease),
- hearing loss can be overcome by corrective steps taken at the work place or hearing aids, etc.
Insurers may also be very “selective” in the evidence they choose to consider – known as “cherry picking” the evidence. They may make unreasonable requests for additional objective evidence, and fail to fully a consider a claimant’s complaints.
We are prepared for these and other tactics disability insurance providers use to avoid paying claims. Here is one account of our firm overturning a claim denial for severe vertigo.
As your attorneys, we go the extra mile to prepare an original LTD insurance claim that is set up for success. We will appeal a denied disability claim with the legal arguments needed to counter every wrong allegation submitted by the insurance company.
For a free legal consultation, call 800-562-9830
Social Security Disability Claims for Ear Disorders
The Social Security Disability (SSD) system follows a five-step process for evaluating disability claims. First, the Social Security Administration (SSA) determines that you are disabled and eligible to file a claim.
SSA will then establish whether your condition “meets or equals” one of the qualifying conditions in its Listing of Impairments. This is based solely on medical evidence. Generally the Listing for ear impairments falls under Section 2.0 – Special Senses and Speech.
If your condition does not completely fit a listed impairment, Social Security will then evaluate your Residual Functional Capacity (RFC) to perform your past work. They will consider vocational factors such as age, education, and work experience․ If you are deemed unable to do your past work, SSA will determine if there is other work available that you could perform.
When Social Security denies your claim, knowing how and when to appeal is imperative.
Winning a denied claim for ear, balance or hearing impairments takes a great deal of preparation and knowledge of SSD disability law. Board Certified in Social Security Disability Law, attorney Marc Whitehead is just a phone call away.
We can help you get the SSD benefits you deserve. Find out what we do to win your Social Security Disability claim.
Veterans Affairs Disability Benefits for Hearing Loss and Ear Disorders
The U.S. Department of Veterans Affairs provides disability compensation to veterans who have service-connected hearing loss and other ear-related, balance or auditory impairments.
Dealing with the VA can be extremely difficult. If you are a veteran whose claim for service connected compensation for an ear condition was denied or underrated, we can help.
Hearing loss and tinnitus are among the most common service connected disabilities applied for by veterans. Military soldiers suffer a vast range of problems including deafness, headaches and migraines, Meniere’s disease and vertigo symptoms
The sounds of artillery and air, sea and land battles are responsible for countless cases of severe hearing loss and other serious ear disorders.
According to the VA, more than 933,000 veterans were receiving disability compensation for hearing impairment in 2014. Approximately 1.3 million of those vets suffered tinnitus. Another affliction of returning veterans is auditory processing disorder, associated with blast exposure. These veterans likely will score within normal range on hearing tests, but have trouble understanding speech.
Close proximity explosions and blast injuries lead to many other injuries, such as traumatic brain injury, loss of vision or limbs. Still, ear and hearing-related disabilities that qualify for compensation are not limited to battlefield injuries.
The veteran’s claim attorneys at Marc Whitehead & Associates have extensive experience helping injured and disabled veterans fight for and win the veteran’s benefits they are entitled to.
Let a qualified attorney protect your rights. Find out how we can assist in a free claim evaluation.
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If you were denied long term disability benefits, Social Security Disability or Veterans’ Disability Compensation, we are prepared to help you now. 800-562-9830
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