You Deserve

Your Erisa Benefits

Lupus and disability insurer resistance: fighting back

| Jan 4, 2021 | Long Term Disability Claim Denial

We have commented in past ERISA Law Center blogs that disability claims often encounter an arduous vetting process. Moreover, it is far from a rarity for claimants to suffer delays, and denials of their application for disability benefits to which they are clearly entitled.

It is important that claimants do not lose hope when they confront insurer company denials.   Denying claims is arguably an industry norm, not an exception. We stress on our website that a challenged disability claimant should “fight back” against unyielding insurance behavior.

That strategy is relevant for both individuals with short-term and long-term disability claims. Insurers often offer up especially notable resistance when asked to contractually perform on LTD claims, for this eminently simple reason: They balk at the idea of making prolonged payments.

And thus they search for arguments to counter claim validity. One such rationale is that a claimed disability links to an illness/disease that is too uncertain and/or vague concerning symptoms.

That is often an argument that features an auto-immune condition like chronic fatigue syndrome or fibromyalgia.

That same argument is also used when a claimant has been diagnosed with lupus, which we spotlight today.  Individual with Lupus suffer from compromised immune systems weakened by the body’s attacking of its own organs and tissues. The disease is marked by symptoms ranging from fever, joint pain and intense fatigue to lesions, headaches, memory issues and more. Lupus can spur heart attacks and lead to cardiovascular disease. It can promote bouts of pneumonia, increase blood clotting risk and cause kidney failure. Fatalities linked with the condition are not uncommon.

And yet a lupus disability claim is often challenged by an insurer.

Victims of any disabling condition – especially a long-term health nemesis — that encounter persistent claim challenges from insurers can understandably feel discouraged and even overwhelmed.

They can turn for help to an empathetic and litigation-savvy disability insurance law legal team with a long history of demonstrated advocacy on behalf of disabled clients contesting insurance delays and denials.

Your disability matter can understandably be challenging. A proven attorney team can guide the process and diligently pursue an optimal outcome.