Facing disability insurance claims can be overwhelming, especially when dealing with conditions like peripheral neuropathy and carpal tunnel syndrome (CTS). The symptoms of these conditions can sometimes be so severe that they prevent individuals from performing their job. This guide aims to provide detailed information on these conditions and the disability insurance claim process, helping you secure the benefits you deserve.
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What are Peripheral Neuropathy& Carpal Tunnel Syndrome?
Peripheral neuropathy occurs when nerves outside of the brain and spinal cord become damaged. This damage can be caused by traumatic injuries, metabolic problems, infections, inherited causes, or exposure to toxins. However, the most common cause of peripheral neuropathy is diabetes. Common symptoms include weakness, numbness, loss of sensation, and pain, typically in the hands and feet. Peripheral neuropathy can also affect bodily functions such as digestion and urination.
Carpal tunnel syndrome is a peripheral nerve disorder that affects the hands. It is the result of pressure on the median nerve in the carpal tunnel of the wrist. Symptoms include pain, numbness, weakness, and tingling in the thumb and fingers.
Peripheral Neuropathy & Carpal Tunnel Syndrome’s Impact on Work Abilities
Both peripheral neuropathy and carpal tunnel syndrome can prevent an individual from performing their job duties. This is particularly true for jobs that require extended standing, physical labor, or intensive use of the hands (including typing).
Proof Required for Disability Claims
There are a few things to keep in mind if you apply for disability benefits due to symptoms caused by peripheral neuropathy or carpal tunnel syndrome. Most importantly, you will need to submit proof satisfactory to your insurer that proves your entitlement to benefits. For most private short-term disability and long-term disability plans, you must demonstrate your inability to perform the duties of your occupation.
There are several ways to prove your inability to work. The most important medical documentation you need includes your medical treatment records, statements from your treating doctors, and objective proof establishing your diagnosis. Your treating doctors should set forth the specific symptoms you experience and why they prevent you from performing your job.
Furthermore, in the case of peripheral neuropathy, you can objectively establish your condition with a nerve conduction velocity study (NCV) or electromyography. For carpal tunnel syndrome, you can objectively establish your diagnosis via a Phalen’s test performed by your doctor.
It is also helpful to provide your insurer with a personal statement clearly explaining why you are unable to work as a result of your symptoms. This can include the specific symptoms you experience, how frequently you experience those symptoms, and why they prevent you from performing your job duties.
Legal Challenges & Solutions
Even if you provide your insurer with the documentation described above, there is still a chance that they will deny your claim. In this scenario, you are legally entitled to an appeal of that decision.
You will need to submit several things to the insurer for the appeal to be successful. The insurer must indicate in its denial letter the specific basis for its decision. In the majority of cases, that reason is because a doctor hired by the insurer determined after reviewing your records that you are capable of performing the duties of your occupation. Therefore, you will need to submit medical evidence that directly rebuts that doctor’s opinion. That evidence should include your treating doctors’ direct responses to the insurer’s doctor, detailing why his or her opinion is not accurate. Furthermore, your doctors’ responses should be supported by treatment records, positive test results, and any other assessments conducted to address your peripheral neuropathy or carpal tunnel syndrome.
Related Article: Common Mistakes When Appealing a Denial of Long Term Disability BenefitsIf you suffer from symptoms of peripheral neuropathy or carpal tunnel syndrome that prevent you from regularly working, you should contact an experienced attorney who specializes in disability claims. At DeBofsky Law, our attorneys will make sure that your claim is thoroughly prepared and presented to get you the disability benefits you deserve.
