After you recover from the acute symptoms of a heart attack or surgery to treat coronary artery disease, your medical practitioner may report that you have been released from cardiac rehabilitation and that your condition is stable. Insurance companies will often conclude that you are capable of returning to work and inappropriately deny your claim for long term disability benefits. A denial of your long term disability benefit claim is not the end of the story because there is a significant difference between being “out of the woods” and being capable of working.
A successful heart disease disability claim will be one which provides more than just the medical diagnosis of cardiovascular disease. It is important to provide medical evidence of the symptoms you experience as a direct or indirect consequence of heart disease, including mental health issues, which impact an individual’s ability to perform their job duties.
Often, heart disease involves other related medical conditions such as chronic pain, cognitive difficulties and memory issues. The symptoms of heart disease including chest pain, difficulty breathing and mental health issues are also cause for your long term disability claim to be approved. Therefore, it’s best to have your health care provider set out more than the medical diagnosis of coronary heart disease and outline the ongoing impact of the condition on your day to day function.
The two main forms of heart disease are:
A common symptom of chronic coronary artery disease can include stable angina with involves chest pain or discomfort. The symptoms can be predictable and occur following physical activity or times of emotional distress. Another symptom can be shortness of breath or difficulty breathing known as dyspnea which can occur during light physical activity.
Following heart surgery or a heart attack, many Canadians will have a period of cardiac rehabilitation offered to them. This treatment will only be available for a period of several months and then the patient will be released to their family physician’s care with periodic monitoring by a cardiologist. Many people continue to struggle with significant symptoms which impact their work and daily life including mental health symptoms, memory difficulties and chronic pain.
In some cases, these symptoms can cause permanent disability. However, insurance providers have a right to demand ongoing proof of disability and LTD benefits will only continue to be payable if you continue to satisfy the definition of disability and are under appropriate treatment. If you worked at a stressful or physically demanding occupation before becoming disabled, it is possible that the insurer will conclude that you are able to perform a less demanding job at definition change.
A particular type of diagnosed heart disease by a qualified healthcare provider is not the answer to whether insurance policy covers long term disability for the patient. The key issue in overturning the insurance company’s decision to deny benefits for heart disease is how the ongoing symptoms impact your daily life and ability to work.
Disability benefits providers focus on function and restriction rather than diagnosis. An experienced disability lawyer will gather information about your ongoing symptoms, the demands of your job and prove that you are under adequate treatment in order to support your claim for LTD benefits.
In claiming benefits for heart disease-related disability, you may find you qualify for the following:
One of the key challenges in making a long term disability claim which is based on heart disease is that the insurance company will view the fact that you are not in the acute stage of recovery, you are “good to go” and capable of returning to work. It is important to make sure that your long term disability claim contains medical evidence which outlines the impact of your continuing symptoms on your functionality and ability to perform your job duties.
Most insurance companies will offer you an ability to submit an appeal. The appeal is not always necessary or advisable. The insurance company’s decision letter will often state that the if you have new medical evidence, they will consider an appeal. Unfortunately, if you are simply appealing based on the fact that the insurer made the wrong decision and there is no other or new information to submit in support of your appeal, it is unlikely that you will win disability benefits as a result of your appeal.
It is important to carefully consider legal representation and what lawyer is right for you. Don’t be afraid to meet with more than one lawyer to discuss your claim and make the right choice. We would be happy to schedule an appointment for a free consultation to review your claim so that you can understand the process and find out if our experienced long term disability lawyers are a good fit for you.
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