Motor Neuron Diseases and Long-Term Disability Claims

Motor neuron diseases (MNDs) are a group of progressive neurological disorders that destroy motor neurons—the nerve cells that control voluntary muscles, such as those used to speak, walk, breathe, and swallow. This group of disorders includes diseases such as amyotrophic lateral sclerosis (ALS), also called Lou Gehrig’s disease. Other types include progressive bulbar palsy, primary lateral sclerosis (PLS), progressive muscular atrophy (PMA), spinal muscular atrophy (SMA), Kennedy’s disease, and post-polio syndrome.

Understanding Motor Neuron Diseases

MNDs can be sporadic or inherited. Symptoms typically develop gradually and may begin with muscle weakness or stiffness. As the disease progresses, there is increasing disability due to muscle wasting, paralysis, and loss of mobility. Patients may also experience difficulty speaking (dysarthria), swallowing (dysphagia), and breathing (dyspnea). Although mental function is often preserved, some people develop cognitive impairment.

There is currently no cure for MND. Treatment focuses on managing symptoms, slowing progression, and improving quality of life. This may include physical therapy, respiratory support, speech therapy, and assistive devices.

Functional Limitations That Affect Work

Motor neuron diseases can have a profound effect on a person’s ability to work. The progressive nature of these diseases means that even people who begin with mild symptoms may become unable to maintain employment as their condition worsens.

• Physical Jobs: Construction workers, landscapers, nurses, or anyone who must lift, walk, or stand for long periods of time may become unable to meet the physical demands of their jobs.
• Sedentary Jobs: Office workers may have difficulty typing, using a mouse, speaking clearly on the phone, or sitting for long periods due to muscle weakness or spasms.

The fatigue and physical limitations caused by MNDs often make it impossible to maintain a consistent work schedule or to perform even light work reliably.

Medical Evidence to Support an LTD Claim

To qualify for long-term disability benefits, claimants must provide extensive medical documentation. Key pieces of evidence include:

• Neurological evaluations
• Electromyography (EMG) and nerve conduction studies (NCS) to demonstrate motor neuron dysfunction
• MRI scans to rule out other conditions
• Clinical notes from treating neurologists
• Pulmonary function tests if respiratory muscles are involved
• Physical and occupational therapy reports documenting functional limitations

Consistent treatment and follow-up records can strengthen a claim by showing disease progression and its impact on daily activities.

Common Challenges in MND LTD Claims

Even with a clear diagnosis like ALS, claimants may encounter obstacles such as:

• Delays in diagnosis, which can complicate claim timelines.
• Inadequate functional documentation, especially when symptoms are initially mild.
• Surveillance by insurers to disprove the extent of limitations.
• Independent medical examinations (IMEs) that downplay the severity or progression or your disease.

Many claimants assume that a diagnosis like ALS will make their long-term disability claim easy. Unfortunately, insurance companies often look for any excuse to delay or deny benefits. Whether it’s through surveillance, biased medical reviews, or claims of insufficient documentation, they can challenge even the most well-supported cases.

Hypothetical Case Example

John, a 49-year-old warehouse manager, began experiencing frequent muscle spasms and weakness in his right arm. Over time, he developed difficulty walking and speaking. After undergoing EMG and NCS testing, he was diagnosed with ALS. Despite his worsening condition, his claim for long-term disability was denied. The insurance company relied on an independent medical examination (IME) that minimized his symptoms and concluded that he could still perform light-duty work.

Careful attention to medical details and strong supporting evidence are critical to overcoming these challenges.

How a Long-Term Disability Attorney Can Help

An experienced long-term disability attorney can play a crucial role in building a strong appeal and protecting your rights throughout the process. At the Ortiz Law Firm, we assist our clients in several ways:

• Evidence Development: We work with your treating physicians to obtain clear, consistent testimony that is consistent with your diagnosis and work-related impairments. If necessary, we can help coordinate functional capacity evaluations or vocational assessments.
• Communication with Insurers: We handle all correspondence with the insurance company to reduce the risk of misstatements or misinterpretations that could harm your claim.
• Protection Against Bad Faith Tactics: We understand the strategies insurers use to delay or deny claims, such as relying on biased IMEs or surveillance. We’re prepared to counter these tactics and advocate for a fair decision.
• Litigation: If your appeal is denied, we can file a lawsuit in federal court under ERISA or file a lawsuit in state court for an individual disability policy.

Having legal representation means you’re not alone when you’re up against a big insurance company. We will fight to make sure the insurance company is held accountable and your rights are protected.

Get Help from a National Long-Term Disability Law Firm

If your long-term disability claim for a motor neuron disease has been denied or unfairly terminated, the Ortiz Law Firm can help. We offer nationwide representation, personalized assistance, and a strong track record in fighting for LTD benefits. Call us today at (888) 321-8131 to discuss your case. You’re not alone in this fight—let our team stand with you.