A person who suffers from a speech disorder has problems creating or forming the speech sounds needed to communicate with others. In severe cases, a person may even experience a total loss of speech. An inability to speak makes it difficult to function and maintain a job. Fortunately, those who are unable to work due to their speech disorder can file speech disorder disability claims.
You may have a claim for long term disability (LTD) insurance benefits if you have a disability insurance policy. Many claimants obtain LTD insurance through an employer’s group benefits plan, while others obtain their own individual policy directly from an insurance agent. Regardless of how you obtained the policy, the unfortunate truth is that insurance companies frequently deny cases for speech impairments.
If your insurance company denied your disability claim, you can greatly improve your chance of being approved for benefits with the help of a disability lawyer who is experienced in handling LTD appeals for a speech disorder. Our disability lawyers will evaluate your case for free and there is no obligation to work with our firm.
Long Term Disability Insurance Claims for a Speech Disorder
Long term disability insurance is a type of income protection designed to provide financial assistance in the event of a serious injury or illness that affects your ability to work. However, it is worth noting that not all speech disorders qualify for insurance benefits. The severity of your inability to speak and your level of articulation are taken into consideration.
Many claimants face difficulty trying to prove their disability and get compensation from the insurance company. Insurance companies will look for any excuse to avoid paying out claims. Some of the reasons speech impairment claims are denied include:
- The insurer may invoke the subjective limitation clause. A limitation is considered subjective when the claimant describes a disability that is based upon a self-diagnosis and/or without producing objective evidence from a medical professional to back up the reported symptom and resulting limitations. This mostly happens with conditions that have no standard medical test to confirm a diagnosis or when the tests are not conclusive.
- The condition has been existing for years and has not limited the patient’s ability to work. The insurer will argue that you have been able to work past these problems for years and nothing has changed. In such a scenario, you will need to use medical records to prove that the condition has been getting worse with the symptoms progressing to a point where you are no longer able to work.
- The insurer could also invoke the pre-existing condition clause. Most insurers put a pre-existing condition clause in the policy whereby your disability claim can be denied on the grounds that your disability is caused by a condition that you were receiving treatment for before acquiring your insurance coverage. (Our website explores the pre-existing condition clause in more detail here).
Applying for Disability Benefits
It is worth noting that there is no full-proof way to apply for disability benefits that guarantee you will be approved for benefits. The odds of approval go up as you age, but there is always a possibility that your claim will not be approved. Here are tips on how you can prove your case:
- First, get the disability policy and see how they define disability and occupation. This will help you know what you need to prove and if there are any provisions in your policy that could limit coverage.
- After that, you need a copy of your medical records. This is mainly to show an objective basis of your diagnosis.
- Next, obtain your personnel file and your job description. The purpose of the personnel file is to show how your impairment affects your performance at work. Your job description shows what is expected of you at work and how your impairment plays a role in your inability to complete the tasks.
- You should then provide your doctor with the occupational description and ask them to prepare a report that outlines the objective basis for your diagnosis, your restrictions and limitations, and most importantly, the objective reasons you can’t perform some or all of the material and substantial duties of your occupation. This will help bridge the gap between your diagnosis and your functional limitations.
But what if you are not approved for benefit? That is where a disability lawyer comes in. A disability lawyer will review your claim, advise you on what you need to do to recover your benefits, any applicable time limits, and if need be, will represent you in court.
There are no better candidates for this job than the experienced legal team at Ortiz Law Firm. For years, we’ve been helping individuals with various disabilities get the disability benefits they need to navigate life despite their disabilities. Here are a few reasons why you should hire us.
Experience
Long term disability is our primary practice area, and over the years we have been able to pick up a few tips and tricks. We know all the tactics used by insurance companies to get out of paying legitimate speech disorder cases. It is like a coach having the opposing team’s playbook: you know what move they will make next and are ready and able to counter it.
Dedication
Every member of our team is dedicated to helping the disabled get the justice they deserve. You need a relentless lawyer who will see your case through to the end and will fight for you, and that is exactly what you get with us. We don’t know the meaning of giving up and will not back down until we have recovered the benefits our clients deserve.
Impeccable Service and Results
We have excellent reviews and testimonials from previous clients. We have not only recovered millions in disability benefits but have also shown compassion and respect for each claimant we represent. You can see what our clients have to say about our services or browse our case results page for a more detailed explanation of how we have been able to help our past clients. If you like what you see, you’re only one phone call or contact form away from a free consultation.
Social Security Disability Benefits Claims for a Speech Disorder
Speech impairment or loss of speech may also qualify for disability benefits from the Social Security Administration (SSA). We also handle Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) cases with the SSA. The process to qualify for Social Security Disability and SSI are nearly the same, with the only difference being the non-medical requirements: for SSDI you must have the required number of work credits for your age, and for SSI your assets and resources must not exceed the limits established by the SSA.
The easiest way to qualify for disability from the SSA is to meet the Blue Book listing for your disease. Blue Book listing 2.00 Special Senses and Speech – Adult is used during the application process to evaluate claims for speech impairments. We discuss Blue Book listing 2.00 in more detail here.
Types and Causes of Disabling Conditions: Speech Disorders
There are several different types of speech impairment, all of which range from mild to severe. These speech disorders can occur naturally at birth, could develop naturally as a neurological function, while others are caused by accidents or a particular illness.
Regardless of the way the speech disorder occurred, you are no less deserving of financial assistance if you are unable to work due to your impairment. Here are some of the qualifying speech impairments that could limit your ability to work and the causes of the impairments.
Childhood Apraxia of Speech
Apraxia is a condition where a child has a lot of trouble making accurate movements as they speak. This condition occurs as a result of the brain having difficulty coordinating movement.
Articulation Disorders
This is mostly associated with the inability to form certain sounds. This causes certain words or sounds to come out distorted and is common in young children.
Resonance Disorders
This type of disorder occurs through a blockage or obstruction of airflow in the nose, mouth, or throat, which tends to affect the vibrations that determine voice quality and articulation. The major causes of resonance disorders are cleft palates and swollen tonsils.
Dysarthria
This is when the muscles that we use for speech are too weak to form proper words. This is mainly caused by brain injury, especially a traumatic brain injury or right hemisphere brain injury.
Orofacial Myofunctional Disorders
These are abnormal movement patterns of the face and mouth. They affect people of all ages including children, teenagers, and adults, and mostly occur as a result of abnormal growth and development of facial muscles and bones, but the causes are still unclear.
Were Your Speech Disorder Disability Claims Denied?
If your disability claim was denied and you need help qualifying for benefits, Ortiz Law Firm has got you covered. In case of any inquiries or to schedule a free consultation with an attorney, just pick up the phone and give us a call at (888) 321-8131.
We would welcome the opportunity to discuss your chances of qualifying for benefits and what an attorney at Ortiz Law Firm can do to help. The consultation is always free and there is no obligation to hire my firm after our evaluation of your case.