Whether you qualify for long term disability due to heart disease will depend on the nature of your condition and symptoms. When evaluating whether to file a long term disability claim, review your policy carefully. Long term disability insurance policies typically define disability as a condition that prevents you from performing the duties of your occupation (or, in some cases, the duties of any occupation).
Many heart conditions cause severe restrictions and limitations that prevent you from working. The most common types of heart disease include:
Getting approved for long term disability due to heart disease conditions hinges on explaining your symptoms, their severity and frequency. A diagnosis alone will not be enough for benefit approval. Your insurance company will want to fully understand the range of your symptoms and how they prevent you from working.
The disabling physical effects produced by heart disease differ depending on the condition, but common symptoms may include:
Beyond the symptoms your heart disease directly causes, you can take into account the side effects caused by any medications taken for treatment.
There are two possible approaches to proving that a person is disabled because of heart disease. The first is to show that your symptoms render you physically unable to work. For instance, even sedentary jobs require a worker to be able to walk for up to an hour during a workday. A person with heart disease may not be able to walk for that long without experiencing symptoms. For executives and professionals with demanding jobs, persistent fatigue and shortness of breath can rob of them of the stamina needed for long days and frequent travel.
The second approach is to show that simply performing the job exposes the claimant to significant risk of harm. This situation often occurs when a claimant with a bad heart condition works in a high stress occupation. Even if the claimant could physically perform the duties of the job, they should not because it puts them at significant risk of a heart attack. However, risk of harm disabilities can be difficult to prove because the treating doctor may find it difficult to quantify the risk of a person returning to a high stress job.
Medical evidence may include:
At Riemer Hess, our New York disability attorneys believe that the best approach is to combine the two strategies.
We work closely with each client and their employer to develop a detailed description of the duties of the client’s occupation so that we can explain exactly what it is the client can no longer do and why they can no longer do it. We also contact the client’s treating doctors to collect supporting medical evidence.
Our disability insurance attorneys will compile the client’s entire medical history, including the doctor’s treatment notes and objective test results. In addition, our attorneys obtain a detailed written report from the treating doctor that includes the client’s symptoms; medical signs and laboratory findings; medications and side effects; the doctor’s opinion about the client’s ability to sit, stand, walk, reach, twist and bend in a competitive working environment; and the doctor’s opinion about whether the client can perform the duties of their occupation.
Whether you're thinking about making a claim for disability insurance, your claim has been denied, or your insurance company is terminating your benefits, the New York disability attorneys at Riemer Hess can assist you. Call ÌÇÐÄÖ±²¥, Attorneys at Law, at 212-297-0700.