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Myelopathy is a spine disorder that results from severe compression of the spinal cord, causing symptoms that can significantly impact a person’s ability to work and carry out daily activities.
If you’ve been denied long-term disability benefits for myelopathy, you’re not alone. Navigating the appeals process can be overwhelming, but with the right strategies, you can increase your chances of a successful appeal.
From gathering crucial medical evidence to navigating the appeals process, we’ll cover the essential steps to strengthen your appeal and improve your likelihood of a favorable outcome. If you would prefer to speak with an attorney, call (888) 321-8131 to schedule a free case review.Get a Free Case Review
Is Myelopathy a Disability?
Myelopathy is caused by spinal cord compression, resulting in symptoms such as weakness, numbness, or pain in the arms, legs, and other areas of the body. This can make it difficult for individuals to perform tasks required for employment, leading to the need for disability benefits. When applying for disability benefits, it’s essential to provide comprehensive medical evidence demonstrating the severity of the condition and its impact on daily functioning so your insurance company can determine if your condition meets the definition of disability.
Common Reasons for Denial of Myelopathy Disability Claims
Despite the debilitating nature of myelopathy, disability claims related to this condition are sometimes denied. Common reasons for denial include:
- Insufficient medical evidence
- Failure to comply with treatment recommendations.
- Lack of clarity regarding how the symptoms limit work-related activities and
- Incomplete or improperly filled-out claim forms.
You can try to avoid these potential issues and increase the chances of a successful disability claim by providing thorough documentation of your myelopathy’s impact on your daily living and work activities. However, insurance carriers are known to go to great lengths to deny legitimate claims. In many cases, insurers will obtain opinions from hired medical experts or use surveillance to dispute the validity of your claim.
Steps to Take After a Denied Myelopathy Disability Claim
Reviewing the Denial Letter and Understanding the Reasons
After receiving a denial letter for your myelopathy disability claim, read it carefully to comprehend the reasons for the denial. Take note of the specific points mentioned in the letter and seek clarification if needed. Understanding the reasons behind the denial will help you address the issues effectively in the next steps of the appeal process.
Gathering Additional Medical Evidence and Documentation
Gathering additional medical evidence and documentation to support your case is critical to strengthening your myelopathy disability claim. This may include obtaining detailed medical records, test results, diagnostic imaging, residual functional capacity (RFC) forms, and physician statements that provide comprehensive evidence of the impact of myelopathy on your daily functioning and ability to work.
File Your Appeal Within the Designated Timeframe
While you must take the time to gather evidence to support your appeal, acting swiftly and filing an appeal within the designated timeframe is also crucial to your success. Missing your appeal deadline can result in losing your right to appeal.
Ensure that all necessary paperwork is completed accurately and submitted on time. If you have not obtained all your evidence, you can request an extension to submit additional documentation supporting your appeal. If you are worried about navigating this process alone, a disability insurance attorney can guide you and ensure you meet your deadline.
FREE RESOURCE: Appeal a Long Term Disability Denial with our Disability Insurance Appeal Guide
Tips for Appealing a Denied Myelopathy Disability Claim
Successfully appealing a denied myelopathy disability claim is no small task. Working with an experienced disability attorney and employing advanced strategies can strengthen a myelopathy disability claim and increase the chances of a favorable appeal outcome. Tips for a successful long-term disability appeal include:
Provide Detailed and Specific Medical Evidence
When appealing a denied myelopathy disability claim, you must provide detailed, specific medical evidence to support your case. This includes comprehensive medical records, diagnostic test results, and imaging studies such as MRIs or CT scans. Make sure to gather all relevant documentation that clearly illustrates the severity and progression of your myelopathy. Additionally, include reports from specialists, physicians, and therapists who have evaluated and treated your condition.
Obtain Supporting Statements from Medical Professionals
Securing supporting statements from medical professionals can significantly strengthen your myelopathy disability claim appeal. Request detailed statements from your treating physicians, neurologists, and orthopedic specialists outlining the impact of myelopathy on your daily life. These statements should address the limitations, symptoms, and functional impairments caused by myelopathy and emphasize your challenges in performing routine tasks and activities.
Work with a Vocational Expert to Denote Your Work-Related Restrictions
Utilize the expertise of vocational experts to demonstrate your inability to perform the duties of your occupation due to myelopathy-related limitations. A vocational expert can assess your skills, work experience, and limitations to provide valuable insight into your ability to perform substantial gainful activity. Their testimony can be crucial in demonstrating the impact of your condition on your ability to perform work-related activities.
Demonstrate the Impact of Myelopathy on Your Daily Activities
Effectively demonstrating the impact of myelopathy on your daily functioning is crucial for a successful disability claim appeal. Provide specific examples of how myelopathy affects your ability to perform essential tasks such as walking, standing, lifting, and maintaining balance. Describe your challenges in completing household chores and personal care. Illustrating the tangible impact of myelopathy on your functional abilities can strengthen your claim for disability benefits.
Seek Legal Assistance and Representation
Navigating the appeals process for a denied myelopathy disability claim can be complex, and seeking legal assistance from a qualified attorney experienced in disability claims is highly recommended. A knowledgeable attorney can guide you through the intricate appeal procedures, help gather pertinent evidence, and articulate a compelling case on your behalf. Their expertise in disability law can significantly improve your chance of a successful appeal and ensure that your rights are protected throughout the process.
Schedule a Free Case Review to Discuss Your Claim
Are you feeling overwhelmed? With the help of an experienced long-term disability attorney, you can navigate the appeals process with greater confidence and seek the disability benefits you rightfully deserve. Ortiz Law Firm serves clients nationwide, and there are no fees unless we successfully recover benefits. Call (888) 321-8131 to request a free case review.Get a Free Case Review