Mistake 12 – Restrictions and Limitations – Concentration | St.Petersburg Long Term Disability Lawyer

You’ve gotten another Activity of Daily Living Form to complete, and it seems like you just did one a week ago.

Do you have problems with concentration because of pain or side effects of medication? Are you claiming your disabled because of those problems?

Many jobs require a high level of concentration. You simply may not be able to work because you can’t concentrate on your job duties. How is a long-term disability carrier going to determine whether or not you’re just saying that just to get your long-term disability or ERISA benefits?

Well, for starters, the adjuster or a nurse for the long-term disability carrier will call you. They will try to determine, based on that conversation, what problems, if any, you’re having with concentration. You’ll be asked whether you can concentrate well, can you focus, are you having problems with your short-term or long-term memory and how often you experience concentration or focus problems. These are all open-ended type questions.

First, and of course, I do not suggest you speak with them as they will misinterpret and misconstrue your conversation with you.

When you fill out the activity of daily living form, I suggest that you speak with your doctor about any problems you’re having with concentration as a result of your pain or side effects of medication, so it’s documented in your medical records. Give the doctor specific examples and make sure that those medical records are consistent with what is being put on your activity of daily living form.

If you’re having problems concentrating, I suggest that you have someone help you fill out the form or that you try to do it a little bit every day and document the fact that you’re doing it in bits and pieces.

Please be aware that the insurance company will have their doctors evaluate your comments about your concentration and ask their doctors, whether problems with concentration is a known complication of your medical condition…

In some instances it may even be necessary to have psychological or neuropsychiatric testing to document the problems you are having with concentration. If you are asked by the long-term disability/ERISA carrier to have that kind of testing you should find an experienced long-term disability/ERISA attorney, like Nancy Cavey, as that is a clear signal that you’re being set up for denial.

If your long-term disability/ERISA claim is denied, medical evidence of problems with concentration can be developed to substantiate your complaints and document how your problems with concentration impact your ability to work. The development of the correct medical and vocational evidence during the appeal-process is crucial to the success of your claim.

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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