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Living with colorectal cancer can be an overwhelming experience, especially when your condition makes it impossible to continue working.  The physical toll of the disease, combined with the side effects of treatments like chemotherapy and radiation, often leaves individuals battling severe fatigue, cognitive impairments, and debilitating gastrointestinal symptoms.

For many, navigating the challenges of everyday life while pursuing long term disability benefits can feel like an uphill battle.  Understanding the process and how to build a strong claim is essential to securing the financial stability you need during this difficult time.

Below, we鈥檒l answer common questions about securing long term disability benefits due to colorectal cancer.  By arming yourself with knowledge and seeking the right support鈥攊ncluding assistance from an experienced long term disability attorney鈥攜ou can protect your rights and focus on what matters most: your health and recovery.

How do I get long term disability due to colorectal cancer?

To receive long term disability benefits due to colorectal cancer, your insurer requires you to prove that your condition and its symptoms prevent you from performing the essential duties of your job (or, in some cases, any other job for which you are reasonably qualified), depending on your policy's terms.  Disability insurance policies often define "disability" as either the inability to perform your "own occupation" or "any occupation."  Understanding your policy鈥檚 specific definition of disability is a critical step in building your claim.  Most policies also require that you provide detailed medical evidence and remain under the care of a qualified physician throughout your disability.

Colorectal cancer typically falls into one of two main categories: colon cancer, which affects the large intestine, and rectal cancer, which develops in the rectum.  Both types can present unique challenges depending on the location and extent of the disease.  In advanced stages, cancer may spread to other parts of the body, further complicating treatment and recovery.  Regardless of the type, the impact of colorectal cancer and its treatment can significantly interfere with your ability to work.

Key symptoms and complications that might prevent you from working include:

• • Chronic abdominal pain and cramping, which can make sitting, standing, or moving for long periods uncomfortable or impossible.
  • Gastrointestinal issues, such as diarrhea, constipation, or bowel obstruction, which can make maintaining a regular work schedule difficult or impractical.
  • Fatigue and extreme exhaustion, common in colorectal cancer patients, often exacerbated by treatments like chemotherapy or radiation therapy.
  • Cognitive impairments, including memory loss, trouble concentrating, and slowed thinking, sometimes referred to as 鈥渃hemo brain.鈥�
  • Peripheral neuropathy, a side effect of certain chemotherapy drugs, which causes tingling, numbness, or pain in the hands and feet, potentially limiting mobility and dexterity.

Your claim should also address how your specific job duties are affected by your symptoms.  For example, someone with a physically demanding job may be unable to meet those requirements due to pain or fatigue, while someone in a high-stress office role might struggle with cognitive impairments or frequent bathroom breaks.

In addition to symptoms caused by the cancer itself, you should document complications from treatment, such as infections, nausea, or immune system suppression, which can make working unsafe or unsustainable.  Emotional and psychological challenges, such as depression or anxiety, are also common in cancer patients and can contribute to disability.

Finally, securing your physician鈥檚 support is essential.  Your doctor鈥檚 documentation of your diagnosis, symptoms, treatment plan, and work limitations will serve as the foundation for your claim.  Colorectal cancer is a serious condition, and insurance companies often require extensive medical records to approve benefits.  By carefully and comprehensively documenting how your condition prevents you from working, you can strengthen your long term disability claim.

How can I prove my colorectal cancer long term disability claim?

Proving your colorectal cancer long term disability claim requires a combination of strong medical evidence and detailed vocational evidence.  The goal is to demonstrate not only the severity of your condition but also how it specifically prevents you from performing the duties of your job or, in some cases, any job for which you are reasonably qualified.  Insurers want clear, well-documented proof that your condition meets the policy鈥檚 definition of disability.

Medical evidence is the foundation of any successful long term disability claim. Your medical records should include:

• • Diagnostic testing and imaging, such as colonoscopies, biopsies, CT scans, or MRIs, to confirm the diagnosis, stage of cancer, and extent of the disease.
  • Treatment records, including chemotherapy, radiation, surgeries, and medication details, which show the ongoing management of your condition.
  • Reports on symptoms and side effects, such as chronic pain, fatigue, bowel dysfunction, or cognitive impairments, and how these interfere with your daily life and ability to work.
  • A Functional Capacity Evaluation ("FCE"), performed by a physical therapist or occupational therapist, which assesses your ability to perform work-related physical tasks like standing, lifting, and sitting.
  • A Neuropsychological Evaluation, conducted by a neuropsychologist, which can provide objective evidence of your cognitive deficits caused by cancer treatment, such as memory issues, inability to concentrate, and slower processing speeds.
  • A supporting statement from your specialist, such as an oncologist or gastroenterologist, detailing how your symptoms, complications, and treatments limit your functional abilities and prevent you from maintaining employment.
  • Mental health records, if applicable, documenting conditions like anxiety, depression, or cognitive impairments caused by your illness or its treatment.

In addition to medical evidence, vocational evidence is critical to show how your specific job requirements are impacted by your condition. This includes:

• • A detailed job description outlining the physical, cognitive, and emotional demands of your role.  For example, a physically demanding job might be incompatible with chronic pain or fatigue, while a high-pressure office role could be unmanageable due to cognitive impairments or frequent medical appointments.
  • Your personal statement, which provides insight into your daily struggles, the limitations caused by your symptoms, and how these prevent you from performing your job effectively.
  • A vocational assessment, conducted by a vocational expert, which compares your functional limitations with the requirements of your job and evaluates whether you can perform similar roles in the workforce.

Insurance companies often try to downplay the severity of your condition, so it鈥檚 essential to be thorough and consistent in your evidence.  Work with your doctors to ensure your records are complete and explicitly connect your symptoms to your inability to work.  Be specific about how your limitations affect your job duties, such as how frequent bathroom breaks disrupt productivity, fatigue limits your stamina, or pain prevents prolonged sitting or standing.

Finally, staying consistent with your treatment plan and demonstrating that you are under the regular care of a qualified physician will strengthen your claim.  A combination of strong medical and vocational evidence will give you the best chance of proving your colorectal cancer long term disability claim.

How long does it take to receive long term disability benefits for colorectal cancer?

The time it takes to receive long term disability benefits for colorectal cancer depends on several factors, including the specifics of your policy, the thoroughness of your application, and how quickly your insurance company processes your claim.  While every case is different, there are some general timelines and strategies to consider, especially if you work with an attorney to navigate the process.

Most long term disability policies include an elimination period, which is the waiting period between when you stop working due to your disability and when benefits begin.  This period typically lasts 90 to 180 days, though it can vary depending on your policy.  During this time, you must be unable to work and may need to rely on short term disability benefits, savings, or other resources.

Under ERISA (the "Employee Retirement Income Security Act"), which governs most group long term disability plans, insurance companies are required to make a decision on your initial claim within 45 days of receiving it.  They are allowed one 30-day extension if there are special circumstances, provided they notify you and explain the reason for the delay.  This means that, in most cases, insurers must decide on your claim within 75 days of submission.

Several factors can affect this timeline:

• • Completeness of your application: A well-documented claim that includes all required medical and vocational evidence can significantly speed up the process.  Missing or incomplete information can lead to delays.
  • Requests for additional information: Insurance companies often request more records, clarification from your doctor, or an Independent Medical Examination ("IME").  These requests can slow down the review process if not addressed quickly.

• • Your insurer鈥檚 internal processes: Some insurance companies are faster at processing claims than others.  Others may use tactics to delay decisions, such as frequent requests for additional documentation or surveillance.

If your initial claim is approved, your benefits will typically begin after the elimination period ends.  However, if your claim is denied, the appeals process can add several months to over a year, depending on whether you need to escalate to legal action.

An experienced long term disability attorney can be an invaluable asset in streamlining the process and improving your chances of success.  Attorneys can ensure your claim is complete, well-supported, and accurately reflects how your condition prevents you from working.  They can also respond to your insurer鈥檚 requests and anticipate challenges or delays.  By working with an attorney, you can minimize delays caused by errors or incomplete submissions and have someone advocating for your rights throughout the process.

How do I handle my ongoing long term disability benefits for colorectal cancer?

If your long term disability (鈥淟TD鈥�) claim is approved, your insurer will periodically request updates to determine if you remain eligible for benefits.  For colorectal cancer, these requests may involve providing updated medical evidence, documenting ongoing symptoms, and demonstrating that you still meet your policy鈥檚 definition of disability.  Handling these requests carefully is crucial to avoid an interruption or termination of your benefits.

When your insurer requests updated information for your LTD claim, you may be asked to provide:

• • Recent medical records: These should include updated reports from your treating physicians, results of diagnostic tests, and documentation of ongoing treatment, such as chemotherapy, radiation, surgeries, or medications.
  • Evidence of ongoing symptoms: This might include fatigue, chronic pain, bowel dysfunction, cognitive impairments, or other issues that continue to impact your ability to work.
  • A statement from your doctor: Your oncologist or other treating specialist should clearly outline how your condition remains disabling, connecting your symptoms to your inability to perform your job or any other occupation.

Insurance companies may also request that you attend an Independent Medical Examination (鈥淚ME鈥�) or provide additional information through questionnaires. These requests can be daunting, as insurers often use these as tactics to reduce or terminate benefits.

An experienced ERISA long term disability attorney can help you handle continuing disability reviews by:

• • Organizing and submitting updated medical evidence: Attorneys ensure that all required documentation is complete, accurate, and demonstrates the ongoing impact of your condition.
  • Communicating with your insurance company: An attorney can act as an intermediary, ensuring that all communications are professional and protecting you from providing information that could be misinterpreted or used against you.
  • Anticipating and addressing insurer tactics: Insurance companies may use surveillance, IMEs, or overly broad requests for information to challenge your continued eligibility.  A long term disability attorney can recognize these tactics and take appropriate steps to counter them.
  • Ensuring compliance with policy requirements: Attorneys help you meet all deadlines and requirements to avoid jeopardizing your benefits.
  • Appealing adverse decisions: If your insurer reduces or terminates your benefits after an initial approval, an attorney can help you file an appeal and build a strong case to reinstate your benefits.

Periodic update requests from your insurer are a normal part of receiving long term disability benefits, but they can feel stressful and invasive.  With the support of an attorney, you can navigate the process confidently, ensuring that your evidence is compelling and that your rights are protected.

Why do insurers deny colorectal cancer long term disability claims?

Insurers deny long term disability claims for colorectal cancer for a variety of reasons, often to protect their profits rather than genuinely evaluating the challenges you face.  While they may claim their decisions are based on a lack of evidence or policy requirements, these denials often overlook the real and disabling impact of your condition.  Understanding the common reasons insurers use to deny claims can help you recognize and address their tactics.

Here are some of the most frequent reasons insurers deny colorectal cancer long term disability claims:

• • Claiming insufficient medical evidence: Insurers may argue that your medical records don鈥檛 clearly demonstrate the severity of your condition or its impact on your ability to work.  They often cherry-pick details or focus on a lack of specific documentation, such as diagnostic tests, functional assessments, or detailed symptom reports from your doctor.
  • Asserting your condition is manageable or improving: Even if you鈥檙e still dealing with debilitating symptoms, insurers might claim you鈥檝e responded well to treatment or that your condition is stable enough to return to work.  This tactic often ignores the ongoing effects of chemotherapy, radiation, or surgery, such as fatigue, cognitive impairments, or gastrointestinal issues.
  • Misinterpreting or ignoring your job requirements: Some insurers will suggest you can still perform your job or other work, even if it鈥檚 clear your symptoms prevent you from meeting the physical or cognitive demands of your occupation.  They may downplay the requirements of your role or fail to consider how frequent breaks or absences make it impossible to work effectively.
  • Relying on biased 鈥渋ndependent鈥� medical exams: Insurers often use IMEs conducted by doctors they hire, who may minimize your symptoms or suggest that your condition doesn鈥檛 prevent you from working. These exams are rarely impartial and often serve as a tool for denying claims.
  • Citing surveillance or inconsistent statements: Insurers sometimes use surveillance to argue that your daily activities are inconsistent with your claimed limitations.  For instance, they might take a single moment, like carrying groceries or walking to your car, out of context to suggest you鈥檙e not as disabled as you claim.
  • Ignoring mental or emotional impacts: Many insurers focus only on the physical aspects of colorectal cancer and disregard mental health conditions like anxiety, depression, or cognitive impairments (鈥渃hemo brain鈥�) that can significantly impair your ability to work.

These denials often prioritize the insurer鈥檚 bottom line over your well-being, using any opportunity to reduce or terminate your benefits.  If you鈥檝e been denied, it鈥檚 essential to push back with strong medical evidence, documentation of your job duties, and legal advocacy.  Working with an experienced attorney can help you challenge these tactics, ensuring your claim is taken seriously and your rights are protected.

What happens to my long term disability benefits if my colorectal cancer goes into remission?

If your colorectal cancer goes into remission, the impact on your long term disability benefits depends on several factors, including the terms of your policy, the definition of disability it uses, and your ability to work despite lingering symptoms or side effects.  While remission may improve your overall health, it doesn鈥檛 always mean you can return to work, especially if you continue to experience limitations caused by the cancer, its treatment, or other related conditions.

Many long term disability policies require ongoing proof of disability to continue receiving benefits.  If your insurer believes that remission means you are no longer disabled, they may attempt to terminate your benefits.  However, remission does not automatically equate to being able to return to work.  You may still face issues like chronic fatigue, cognitive impairments caused by treatment, and continued physical limitations.

Insurance companies may request updated medical records, a Functional Capacity Evaluation ("FCE"), or an Independent Medical Examination ("IME") to assess your current abilities.  They might also conduct surveillance to see if your public activities align with your reported restrictions and limitations.

If your benefits are at risk, an experienced disability attorney can help protect your claim by ensuring that your ongoing symptoms and limitations are thoroughly documented, even if your cancer is in remission.  This includes working with your doctors to provide clear medical evidence that connects your residual symptoms to your inability to perform work and challenging improper attempts by your insurer to terminate benefits, including biased IMEs or misinterpretations of your medical condition.

How can an attorney help with my long term disability claim for colorectal cancer?

An attorney can help with your long term disability claim for colorectal cancer by leveraging their extensive knowledge and experience to navigate the complexities of the process and advocate for your rights.

Riemer Hess has over 30 years of experience securing long term disability benefits for our clients, including those with colorectal cancer.  We understand the intricacies involved in these claims and are adept at countering insurer tactics aimed at denying or reducing benefits.  Our attorneys provide comprehensive support through meticulous documentation, strong medical evidence, strategic planning, and persistent advocacy, ensuring that your claim has the best chances of a successful outcome.

Riemer Hess Client Success Story

Here鈥檚 an example of how Riemer Hess helped a client with long term disability due to colorectal cancer:

Our client 鈥淓lla,鈥� a marketing director, had built a successful career leading creative campaigns for major brands.  Her fast-paced, detail-oriented job required sharp focus, quick decision-making, and constant collaboration.  Sadly, Ella was diagnosed with stage 4 colon cancer that had spread to her liver.  Determined to maintain her professional life, she continued working from home while undergoing biweekly chemotherapy.  But as her treatments progressed, severe fatigue and brain fog began to interfere with her ability to manage projects and meet deadlines.  When her oncologist added radiation to her treatment plan, Ella knew she could no longer keep up.

The situation became even more difficult when Ella鈥檚 employer denied her request to continue working remotely and insisted she return to the office.  Her oncologist, who had previously supported the accommodation, now believed returning to work in any capacity was unrealistic and advised her to stop working entirely for the sake of her health.  Overwhelmed by the mounting stress and her employer鈥檚 refusal to accommodate her, Ella turned to Riemer Hess for guidance on securing her long term disability benefits.

The attorneys at Riemer Hess immediately got to work, crafting a comprehensive strategy to support Ella鈥檚 claim.  Our first priority was to collaborate with her oncologist to secure a strong, updated letter that explained why Ella鈥檚 condition now made working impossible, emphasizing the impact of daily radiation treatments, the cumulative toll of chemotherapy, and Ella鈥檚 inability to sustain the demands of her high-pressure job.  We also gathered extensive medical records documenting her diagnosis, treatments, and debilitating symptoms, and we helped Ella draft a personal statement that described the challenges she faced every day.

At the same time, we coordinated with Ella鈥檚 employment attorney to ensure her severance agreement wouldn鈥檛 jeopardize her long term disability benefits.  We reviewed her employer鈥檚 proposal and flagged potential issues, such as offsets or release clauses, that could impact her claim.  With our careful planning, Ella鈥檚 final exit date aligned seamlessly with her transition to long term disability.

Thanks to the thorough preparation and support of Riemer Hess, Ella鈥檚 long term disability claim was approved quickly, giving her financial security and peace of mind during a difficult time.  Grateful for our support, Ella retained us to monitor her benefits, ensuring continued protection of her claim as she focused on her health and recovery.