Revised December 31, 2005.
Originally posted December 20, 2005.
A reader writes:
I was diagnosed with Meniere’s Disease seven months ago. I have applied for disability benefits under my private disability insurance policy. The insurance company says that Meniere’s Disease is a “self-reported” disability and has subsequently limited my benefits. Is the disease a “self-reported” disability? Where can I find evidence to challenge its decision in an appeal?
A “self-reported disability” is one that has no objective evidence to support the disability. In other words, the patient asks to be taken at one’s word that one is disabled. Insurance companies understandably are reluctant to pay disability benefits just on the patient’s word, given the fact that there is such a thing as benefits fraud. Keep in mind that the duty of the insurance company claims examiner is to deny benefits, not to approve benefits. Insurance companies make money on premiums paid, not on benefits paid.
This is the first report that we have seen where an insurance company says that Meniere’s Disease is “self-reported.” In all the other reports that we have seen where disability claims are denied, the insurance company contends that disability due to Meniere’s Disease can be supported by objective evidence, but that the claimant has not provided objective evidence.
Private disability insurance policies are contracts. They vary from state to state and are subject to contract law. The insurance industry is “regulated,” meaning that states regulate insurance companies and their policies. Insurance policies have to conform to state laws and regulations as well as to contract law. The policies (contracts) set forth the various terms and conditions of coverage and benefits. For example, one of the issues in private disability policies (contracts) is the definition of “disability.” In some cases, disability will be defined as the inability to perform one’s present duties. In other cases, disability will be defined as the inability to perform any meaningful employment. One must look (or hire a lawyer to look) at the terms and conditions of one’s policy (contract), together with the applicable laws and regulations, to see whether there is any reference to “self-reported disability,” and, if so, what the definition is for the purposes of that policy (contract) and whether there are any limitations as to coverage and benefits.
We will never understand the reluctance of some people to consult lawyers when they have legal issues or to get additional medical opinions when they have medical issues. Insurance companies have legal departments staffed with lawyers who are trying to deny claims. The time for a claimant to seek legal representation is earlier rather than later, preferably even before filing a benefits claim. *Certainly* legal representation is a must for an appeal of a denied benefits claim. It is the lawyer who will know how to successfully challenge the denial based upon the particular policy (contract) involved and under the laws and regulations of that particular legal jurisdiction.
Our reader has a legal issue here rather than a medical issue, so we suggest that our reader *immediately* consult one or two or three disability lawyers for advice. Many lawyers will provide an initial consulation of 30 to 60 minutes free of charge or at low cost. As always, we suggest that people “shop” for lawyers (and doctors) at least as well as they shop for new cars. See the MenieresInfo.com Disability Page.
Keep in mind that Meniere’s Disease is not a disability. It is a disorder that may or may not lead to disability. Most people with Meniere’s Disease will be able to function very well with treatment and adaptive techniques. Some people will find that their Meniere’s Disease is untreatable and, through no fault of their own, will become permanently disabled. When patients with Meniere’s Disease becomes disabled, it is the inability to perform tasks that makes them disabled, not the fact that they have Meniere’s Disease. However, it certainly is more understandable when one can establish that one has a potentially disabling condition that has indeed caused one to become disabled.
We believe that when one files a claim for disability benefits, it is fair to provide evidence of one’s disability, to the extent that such evidence is possible and available. Our guess is that even when Meniere’s Disease is “labeled” a “self-reporting disability,” that label can be overcome when there is objective evidence of disability. For example, the U.S. Social Security Administration (SSA) has published “evidentiary requirements” for determining whether a Meniere’s Disease patient is disabled for SSA purposes. See the Disability Page at MenieresInfo.com, which has a great deal of information on disability in general and Social Security disability in particular. There is a link on the Disability Page to relevant excerpts from the SSA manual on qualifying for disabilty (often referred to as the “Blue Book,” because the printed cover is blue). One would think that objective evidence that can establish disability to the satisfaction of SSA would be persuasive in many private disability situations.
That said, our reader tells us that one has Meniere’s Disease but does not describe the nature of one’s disability. The mere fact that one has Meniere’s Disease does not mean that one is disabled AND will remain disabled. Most patients go through a fairly long period of trial and error with various treatments before it becomes clear that one’s Meniere’s Disease is intractable (not responsive to treatment) and that one is now and will continue to be disabled. See the Treatment Page at MenieresInfo.com.
While there is no single definitive medical test for Meniere’s Disease, there are medical tests that can provide evidence of Meniere’s Disease symptoms, and, hence, diagnosis and disability. For example, ECOG (electrocochleography) and ENG (electronystagmography). Find out more about the diagnosis of and testing for Meniere’s Disease at the MenieresInfo.com Diagnosis Page. Find out more about ECOG at the MenieresInfo.com ECOG Page.
A commonly used proof of claim for disability benefits in general is a “residual function” assessment of one’s capabilities and limitations, often developed through the use of a “residual function questionnaire,” which is prepared by a doctor and which documents the degree of one’s disability. A residual function assessment can be prepared even if the cause of one’s disability is unknown. If the cause of one’s disability is known, then the residual function assessment can be tailored to include an assessment of the way in which the cause of the disability is manifested in the particular patient.
In addition, there are conditions that may arise as a consequence of one’s Meniere’s Disease and/or of one’s disability, such as anxiety and depression. These consequential conditions may be disabling, either in addition to some other disabling condition or simply standing alone. It is possible to be disabled as a result of several causes.
The short take: (1) get competent legal advice; (2) get objective medical evidence, if at all possible. One should also get multiple medical opinions both as to diagnosis and as to treatment options. Virtually all of us would rather be sucessfully treated to the extent possible rather than consign ourselves to disability. However, it is certainly true that some patients cannot be effectively treated and, through no fault of their own, will be severely and permanently disabled. See the Start Page at Menieresinfo.com.