Marc Whitehead & Associates has reviewed hundreds of denied claims for Parkinson’s disease disability benefits. Denials happen for a variety of reasons throughout the disability process.
Our attorneys have significant experience helping claimants appeal their denied claims whether is it for long term disability (LTD) insurance, Social Security Disability Insurance (SSDI) or Veterans disability compensation.
About Parkinson’s Disease Disability
Parkinson’s disease is a disorder of the nervous system that interferes with the ability to walk, talk or engage in even simple activities. In severe cases, Parkinson’s causes the complete loss of effective movement of the limbs.
Parkinson’s symptoms include:
- Uncontrollable tremors or trembling in the hands, arms, head, face and legs
- Stiffness of the arms, legs and upper body
- Changes in speech
- Impaired balance
- Coordination problems
Parkinson’s is a progressive disease, meaning these symptoms will worsen over time. In many cases, Parkinson’s symptoms become so severe that the patient can no longer go about his or her everyday activities. Further effects of Parkinson’s disease include
- Loss of ability to chew and swallow
- Urinary incontinence or inability to urinate
Medications used to help those living with Parkinson’s disease cause an additional set of complications for the patient, with severely disruptive side effects.
Was Your Claim for Parkinson’s Disease Disability Benefits Denied by Group or Private Insurance?
Even if your doctors have diagnosed you as having Parkinson’s disease, or Social Security has awarded you benefits, you still may be challenged by the insurance company.
Insurers may send you endless notices that they need more time, or continually request more information, hoping you will give up. They may deny your long-term disability insurance benefits altogether.
Most insurance companies hire their own doctors to review patients’ claims without ever meeting the claimant, or performing an examination. Any small piece of evidence that supports denying the claim, such as the opinion of an in-house doctor, becomes ammunition for open-ended clauses in the policy that would support a denial of the claim.
Insurance companies may also charge that there is not enough evidence to support a diagnosis of Parkinson’s disease disability, and deny the claim on the basis that you are able to return to work.
If you have been wrongly denied benefits for Parkinson’s disease under a disability plan through your job, as ERISA claim attorneys we can help you take legal action. Our firm focuses in this area of the law; we know what is required to prove a claim.
If your private insurance company denies your claim, we can help you fight back. A thorough knowledge of long-term disability law is necessary to prevail in these types of claims.
Was Your Parkinson’s Disease Disability Claim Denied by Social Security?
Claim denials by the Social Security Administration (SSA) are common, and the reasons are widespread. If your claim was rejected, do not give up hope – there are ways we can help you prove your claim and win the benefits you need.
You can prove your disability to the SSA in one of two ways.
The first way to secure Social Security disability benefits for Parkinson’s disease is to meet or be equal to their medical listing. You can look online to find the Social Security Listing of Impairments for Parkinson’s disease disability under Neurological Listing 11.06, Parkinsonian Syndrome.
SSA may determine – from the documentation that was sent in your claim – that your condition is not severe enough according to their medical listing.
When this is the case, SSA will then determine whether your physical or mental Residual Functional Capacity disables you from working.
They will evaluate whether, and to what extent, Parkinson’s disease has limited your ability to stand, walk, sit, lift, and concentrate – all tasks which would keep you from being able to hold down a job. They will also take into account factors such as your age, education, and work history.
It is a terrible shock to be denied by SSA, especially when your doctor has diagnosed that you indeed have Parkinson’s disease, and has recommended that you apply for disability benefits. However, critical evidence and details documenting your condition is often a key factor in denials.
It is our experience that SSA commonly denies claims initially due to errors and omissions.
Board Certified in Social Security disability law, Marc Whitehead understands how the Social Security disability system works, and what each unique claim must contain. A simple mistake in paperwork or missing documents can lead to an automatic denial. Many other claims are highly complex, and require strategic thinking.
Our firm can help you develop evidence to further prove your case, work with your doctors, file legal documentation explaining to the judge why you can no longer work, and represent you in court in an Administrative Hearing or in Federal Court.
We have helped hundreds of victims of Parkinson’s disease and other neurological disorders fight back when Social Security Disability denies the benefits they so desperately need.
Assisting Veterans with Parkinson’s Disease Disability Benefits
To decide the level of a veteran’s service-connected disability, the VA rater uses the VA Schedule for Rating Disabilities. Parkinson’s disease is listed in the schedule under Neurological Conditions and Convulsive Disorders. Disability is rated according to loss of function and the effect on a veteran’s ability to work and earn a living.
On August 31, 2010, the Department of Veterans Affairs (VA) added Parkinson’s disease to the list of health disorders related to exposure to Agent Orange and other herbicides during Vietnam War service. The VA refers to this as a “presumption of service connection” for disabled Vietnam veterans living with Parkinson’s.
Veterans who suffer from Parkinson’s disease disability will become entitled to service-connected disability compensation from the VA if they served in Vietnam during active duty at any time between January 9, 1962 and May 7, 1975.
Other veterans who suffer from Parkinson’s disease will qualify for VA disability benefits if they can show that they were exposed to Agent Orange during active duty.
If you were denied VA disability benefits for Parkinson’s disease on a claim you filed before August 31, 2010, you are entitled to compensation back to the first date you filed a claim for disability for Parkinson’s, as well as benefits from this point forward. These retroactive benefits can make a significant difference in the amount of income awarded.
Marc Whitehead & Associates are Accredited Veterans Claim lawyers. We can ensure that you are awarded the correct amount of retroactive compensation, receive the proper current rating, and assist you at all levels of the Veterans disability claim system.
Contact Us for a Free Consultation
Call our attorneys toll free at 800-562-9830 or ask a lawyer for a Free Consultation to discuss your Parkinson’s disease disability claim.
We represent the disabled across the United States. If you choose to hire us to represent you in a disability claim, the majority of our cases are handled on contingency fee – meaning we don’t get paid until you do.