Long Term Disability Mistake 5

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Mistake 5 – Questions About Your Treatment and Medications | Tampa Long Term Disability Attorney

Long term disability adjusters and investigators can read. They know what is in your medical reports and they know what you have said on your Activities of Daily Living forms they ask you to complete every month.

Yet, you will be asked questions about your treatment and medications. I hope that you have a copy of your medical records and that you review them.

If asked about your treatment, politely tell them to review your records. What they’re after is information from you about how your condition has progressed, changed, been impacted by treatment, including medication, and how you are doing generally.

You must show objective evidence of your disability. If you are not recuperating fast enough, the long-term disability carrier is going to refer to statements you made about your condition and argue that your doctor is relying on your subject of complaints to prolong your disability.

The long-term disability carrier’s doctor, who probably no longer treats patients, will refer to some practice manual that says you should recover in a certain amount of time without regard to how your actual condition is progressing.

One of the biggest mistakes I see long-term disability applicants make is failing to explain what medication they are taking, the side effects of the medication, and the impact the medication has on every day functioning. This impact can include dizziness, fatigue, nausea, frequent urination, fuzziness, confusion, irritability, and a host of other side effects.

You must be able to explain what treatment you are getting, how you’re progressing, what impact medication is having on your functioning and recommended treatment.

I assure you that you will be asked about other activities such as exercise, going in the pool, and walking. Make sure that what your doctor has said about these activities has been documented in your chart. You don’t want any questions about whether these activities are within your physical abilities.

You will also be asked about any special equipment you have like canes or scooter.

Less obvious, and often forgotten, is how you sleep, where you sleep, how much sleep you get at one time, whether you have to take naps, whether you get up and down, because you have difficulty sleeping, and how sleepy you are going the course of the day.

An experienced long term disability/ERISA disability attorney, like Nancy Cavey, should be consulted before you agree to give a continuing disability statement. You need to be properly prepared and have someone present, much like a deposition, to protect your rights before giving a continuing disability statement.

If you have any questions, please give us a call at 727.894.3188 or contact us online by clicking here.

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