Fighting Unfair Denials of Cystic Fibrosis Disability Benefits
Cystic fibrosis – CF disease – is a life-threatening, genetic disorder. The disease attacks the respiratory system, causing bodily secretions such as sweat, digestive juices, mucus, and saliva, to become thick and sticky – mainly in the lungs and pancreas.
As a result, these organs become inflamed, clogged and blocked, causing a multitude of problems throughout the body. The airways to the lungs become obstructed, causing extreme breathing difficulties, and obstruction of the pancreas leads to digestive disorders.
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Effects of Cystic Fibrosis in Adults
Cystic fibrosis shortens the life span of those affected. Half a century ago, the life expectancy of anyone afflicted with CF disease was short, with most children not living long enough to attend school. With medical advancements in treatments and diagnosis, today many individuals with CF live to adulthood, with a better quality of life that encompasses marriage and careers.
Cystic fibrosis is a disease that is widely recognized as a disabling condition. When adults with CF who work to provide for themselves and their families become unemployable due to their condition, disability benefits to which they are entitled are essential to their welfare and the welfare of their families.
Claiming Cystic Fibrosis Disability on a Long Term Disability (LTD) Insurance Policy
The battle with insurance companies is a never ending one. Initial claims are frequently denied for respiratory impairments such as cystic fibrosis, and many other medical conditions. Insurance companies often take advantage of an unrepresented claimant – and the claim will be denied, delayed, or terminated.
Our attorneys routinely represent claims under individual insurance contracts and under ERISA qualified employee benefit plans. Unlike claims for Social Security disability – where the examiner does not stand to lose money – with a LTD insurance policy, the person deciding your claim represents the insurance company. Whenever the insurer pays on a claim, it is a “loss.”
When an insurance company reviews an application, it is common practice to look for anything in that person’s medical history as a reason to deny coverage. The most common reason for benefits denial for cystic fibrosis disability is because of a preexisting condition. Or, the insurance company may at first award benefits only to retract them later.
Our attorneys are aware of the tactics insurance companies use to deny coverage or otherwise act in bad faith. If you have been denied insurance coverage, Marc Whitehead & Associates wants you to know you can take legal action.
Do not give up after an initial denials, or any further denial of coverage! Please contact our firm for legal assistance.
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Cystic Fibrosis Disability Claims for Social Security Disability Insurance
The Social Security Administration (SSA) follows a 5-step process to evaluate the degree and gravity of your medical condition. This includes determining whether your condition limits your ability to do basic work activities.
CF disease is listed in the Social Security Listing of Impairments. If your CF involves lung disorders, the SSA will follow the guidelines in the Listing of Impairments for Respiratory System, Section 3.04, Cystic Fibrosis. Section 3.04 has three parts, A, B, and C, and if you satisfy any part, the disability examiner will decide that you qualify for disability benefits.
Impairments to the digestive system resulting from CF are evaluated separately under the appropriate listing for the Digestive System, Section 5.00.
It is possible to qualify for benefits under both respiratory and digestive disorders. This can be beneficial in cases where a single category does not satisfy a listing, but a combination does.
Many claims for cystic fibrosis disability are initially denied, even though they should qualify.
Please know that your letter of denial is not the final response. You have the right to appeal, and you should. Our attorneys have overturned hundreds of denied claims through appealing the SSA’s decision, and we can help you.
Please learn more about our work appealing denied Social Security Disability claims for our clients.
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Veterans with Cystic Fibrosis Disability
The Department of Veterans Affairs recognizes cystic fibrosis as a service-connected disability. To evaluate the level of disability your cystic fibrosis imposes on your ability to work and earn a living, the VA will use the Schedule for Rating Disabilities. CF is listed in the Schedule of Ratings in the section for The Respiratory System.
The task of proving to the VA that you are entitled to disability benefits is unforgivably slow, complicated, and laden with mistakes and unfair denials. If you have filed a disability claim with the VA for cystic fibrosis that has been denied, it is essential that you have an accredited veteran’s claim attorney represent your denied claim on appeal.
The attorneys at Marc Whitehead & Associates are highly qualified to help you obtain the benefits that you deserve. We will handle all aspects of the appeal process on your behalf, from meticulous preparation of your appeal, to representing you at all levels within the VA disability system including claims before the VA Regional Office, the Board of Veterans’ Appeals and the U.S. Court of Appeals for Veterans Claims.
Talk to us about your veterans’ CF disability claim today. You can reach us toll free from anywhere in the country at 866-661-1847.
Get Help – Contact Our Disability Attorneys
Marc Whitehead & Associates has helped thousands of citizens and veterans reverse denials by insurance companies and government disability programs. Please call our attorneys toll free at 866-661-1847 or request a free consultation with a lawyer to discuss your cystic fibrosis disability claim.
Call or text 800-562-9830 or complete a Free Case Evaluation form