Short and Long Term Disability Due to Parkinson’s Disease
- Jan 22
- 11 min read
Living with Parkinson’s disease can profoundly impact every aspect of your life, particularly your ability to continue working. As the condition progresses, securing disability insurance benefits becomes crucial for financial stability. Understanding the nuances between short term and long term disability insurance can help you navigate the application process more effectively and ensure you receive the support you need.
This article provides detailed guidance on how to file for short term and long term disability benefits due to Parkinson’s disease, covering the essential documentation required to strengthen your claim and addressing common challenges faced during the application process to help you secure the benefits you’re entitled to.
How Does Parkinson’s Disease Impact My Ability to Work?
Parkinson’s disease is a degenerative neurological condition that progressively impairs motor function, often leading to significant challenges in maintaining employment, especially as the disease advances. As a movement disorder, it affects various physical and cognitive aspects necessary for a range of occupations, complicating the daily responsibilities and roles of those diagnosed.
Common disabling symptoms of Parkinson’s Disease include:
Tremors: Involuntary shaking, typically starting in the limbs, can hinder fine motor skills required for tasks like writing, typing, or handling tools.
Rigidity: Muscle stiffness can limit range of motion and speed, making physical activities and even simple movements laborious and slow.
Bradykinesia: The slowing of movement is a hallmark of Parkinson’s, impacting the ability to complete tasks within normal time frames, potentially hindering productivity.
Postural Instability: Balance issues increase the risk of falls, making work environments where mobility is required, or where the workspace setup is not adaptive, particularly hazardous.
Cognitive Impairment: Executive functions such as multitasking, problem-solving, and memory can decline, affecting cognitive-demanding roles and the ability to follow complex instructions.
Mood Disorders: Secondary depression and anxiety, common in Parkinson’s patients, can decrease motivation and energy, impacting overall work performance and interaction with colleagues.
As Parkinson’s disease progresses, the increasing severity of symptoms often leads to an escalated impact on your ability to work. In the early stages, you may manage to maintain your employment, especially with minor adjustments and medication that effectively controls symptoms. However, as the disease moves into more advanced stages, the increase in motor and non-motor symptoms can significantly interfere with your professional capabilities and safety on the job.
The implications for work vary widely depending on the nature of your occupation. For instance, those in physically demanding roles may find it challenging to meet the physical requirements of their jobs early in the disease progression. In contrast, those in less physically demanding roles might continue working longer but may still face difficulties as cognitive symptoms progress. Ultimately, the decision to continue working depends on your specific symptoms, the progression rate of the disease, and the nature of your job duties. For many, there comes a point where modifications to the workload or work environment are no longer sufficient, making it necessary to consider filing a long term disability claim.
How Do Short Term and Long Term Disability Insurance Cover Parkinson’s Disease?
When you’re diagnosed with Parkinson’s disease, both short term and long term disability insurance policies can provide crucial financial support, allowing you to focus on managing your health rather than financial stress. Each type of disability insurance offers benefits that cater to different needs and stages of the disease.
Here is an explanation of short term and long term disability insurance coverage:
Short Term Disability Insurance: This type of insurance is typically designed to cover conditions that prevent you from working for a short period—usually a few months up to a year. If you have Parkinson’s, short term disability might be appropriate if you are experiencing a temporary worsening of symptoms that you expect to manage better after adjustments in treatment or medication. These benefits can help compensate for your lost income during periods when you are unable to work but expect to return as your condition stabilizes or improves with medical intervention.
Long Term Disability Insurance: For a progressive condition like Parkinson’s, long term disability insurance is especially relevant. Long term disability insurance kicks in after short term benefits are exhausted, offering more extended financial support. Long term disability benefits are vital if Parkinson’s disease severely limits your ability to work or if you reach a point where working becomes impossible. These benefits typically last for several years or until retirement age, depending on your policy specifics. They ensure you have a continuing income stream when you are no longer able to perform your job due to the progressive symptoms of Parkinson’s.
Both types of disability insurance assess your claim based on the ability to perform your job duties. Common definitions of disability in insurance policies include “own occupation” and “any occupation” criteria. An “own occupation” policy provides benefits if you can no longer perform the specific job you were hired to do. In contrast, an “any occupation” policy is more stringent, requiring proof that you cannot perform any job for which you are reasonably qualified by education, training, or experience. Understanding these definitions is crucial as they significantly influence the approval and duration of your disability benefits.
What Are the Key Challenges in Filing a Short or Long Term Disability Claim for Parkinson’s Disease?
Filing a short or long term disability claim for Parkinson’s disease can pose challenges with your insurance company due to the unique characteristics of the disease. Understanding the difficulties of filing a claim can prepare you to navigate the process more effectively.
Common challenges for Parkinson’s short or long term disability claimants may include:
Proving the Severity and Impact of Symptoms: One of the main hurdles you may encounter is demonstrating the severity of your Parkinson’s symptoms and their direct impact on your ability to perform your job. Parkinson’s disease affects everyone differently, and symptoms like tremors, stiffness, and slowed movements may not be consistently debilitating. Documenting how these symptoms specifically impair your professional tasks is crucial, requiring detailed medical records and often testimonial evidence from your workplace.
Variable Symptoms: Parkinson’s symptoms can fluctuate significantly, showing improvement at times, which can complicate the approval process for disability claims. Insurance companies might argue that intermittent symptom relief implies you can still work, even if these improvements are temporary or facilitated by medications that themselves can have disabling side effects.
Progressive Nature of the Disease: As a progressive disease, the impact of Parkinson’s on your work ability can change over time. Initially, you might need short term disability benefits, but as the disease advances, transitioning to long term benefits is necessary. Your insurance company might be reluctant to acknowledge the progressive deterioration, requiring ongoing proof of your worsening condition.
Cognitive and Psychological Symptoms: Beyond the physical symptoms, Parkinson’s can also lead to cognitive decline and secondary mood disorders, which are harder to quantify and prove in a disability claim. Demonstrating how these aspects impair your professional capacity might require in-depth neuropsychological evaluations and expert opinions.
Meeting Policy Definitions of Disability: Each insurance policy has its own definition of disability, and aligning your condition with these definitions can be complex. For instance, “own occupation” policies generally provide benefits if you can no longer perform your specific job, while “any occupation” policies require proof that you can’t perform any job for which you are qualified. This distinction can significantly affect the outcome of your claim.
Navigating these challenges effectively typically requires thorough preparation of your claim, including assembling comprehensive medical documentation and potentially seeking expert evaluations. It is always recommended that you consult with an attorney experienced in disability insurance to ensure that all procedural requirements are met and your rights under your policy are fully asserted.
What Evidence Is Necessary to Support a Disability Claim for Parkinson’s Disease?
To successfully support a disability claim for Parkinson’s disease, comprehensive medical and vocational evidence is required to demonstrate how the condition affects your ability to work.
The foundation of your claim is detailed medical evidence that chronicle your diagnosis, symptoms, treatment regimens, and the progression of Parkinson’s disease, such as:
Medical Records: These include clinical notes from your neurologist and any other specialists involved in your care and records of your responses to treatment and any side effects experienced, which can affect your ability to work.
Neurological Exam Results: Records from exams by your neurologist detailing the severity of motor symptoms such as tremors, rigidity, and bradykinesia. Objective findings like reduced reflexes, muscle weakness, and coordination issues can be persuasive.
Brain Imaging Scans: MRI or PET scans that reveal changes in brain structure or dopamine activity can support the diagnosis and underscore disease progression.
Functional Capacity Evaluations (“FCE”): A professionally conducted FCE assesses your physical abilities, like strength, range of motion, and stamina. The evaluation can document limitations in motor control and endurance that impact work activities.
Neuropsychological Evaluations: Cognitive impairments are common in Parkinson’s, and tests can reveal memory, problem-solving, or executive function deficits. Neuropsychological testing provides objective data on how cognitive symptoms interfere with job tasks.
Symptom Diary: A personal record of daily symptoms, detailing their frequency, duration, and impact on daily activities, can offer your insurance company a clearer picture of your condition’s day-to-day challenges.
Medication Side Effects: Documentation of adverse effects from Parkinson’s medications, like fatigue, nausea, or dizziness, can demonstrate that your treatment itself creates functional limitations.
Expert Opinions: Obtaining assessments from your treating specialists, including a comprehensive attending physician statement, can add credibility to your claim. These experts can provide detailed statements and reports on how your specific symptoms impact your functional capacities.
Vocational Evidence: This type of evidence helps to illustrate the connection between your medical condition and its impact on your ability to perform your job duties. It can include official job descriptions that outline the tasks and responsibilities of your position, your resume detailing your professional skills and the demands of your previous roles, and a vocational assessment conducted by an expert who evaluates your work capabilities in light of your Parkinson’s symptoms.
Personal Statements: A personal statement from you detailing your daily experiences with Parkinson’s, how it affects your work, and the specific challenges you face, offers a firsthand account that can humanize and strengthen your claim.
Witness Statements: Statements from colleagues, employers, or family members who can attest to changes in your work performance and the practical impact of Parkinson’s on your professional and daily activities can be powerful. These witnesses can corroborate your account of how symptoms manifest and evolve, providing a more comprehensive view of your disability.
Collecting and organizing this evidence effectively is crucial in establishing the validity of your disability claim. Each piece plays a role in painting a full picture of how Parkinson’s disease limits your professional life, supporting your need for disability benefits. For the best outcome, it’s often advisable to work with an attorney who specializes in disability claims to ensure that all documentation is thorough, properly presented, and compelling.
Can I Work in a Different Capacity While Receiving Disability Benefits for Parkinson’s Disease?
Yes, you may be able to work in a different capacity while receiving disability benefits for Parkinson’s disease, depending on the type of benefits and the terms of your disability insurance policy. Residual or partial disability benefits are designed specifically for situations like this, where you can still work but not to the full extent or in the capacity you used to before your illness.
Here is an overview of how working in a different capacity can affect your long term disability claim:
Residual or Partial Disability Benefits: These benefits are part of many long term disability insurance policies and are meant for those who, due to a disability, experience a decrease in earnings because they can only perform some, not all, of their job duties, or can only work part-time. For example, let’s say you are a surgeon dealing with the onset of Parkinson’s. This means if you are unable to continue performing surgery due to physical tremors, but can still work in a consulting or administrative role within the medical field, you might receive benefits to make up for your loss of income compared to your previous full-time position.
Calculating Benefits: The calculation of these benefits typically involves determining the percentage of your income lost due to the disability. For example, if you earn 60% of your previous income in a new capacity, your disability benefits would then supplement a portion of the remaining 40% of your lost income, according to the specifics outlined in your policy.
To qualify for these benefits, you generally need to prove that your medical condition directly causes a quantifiable decrease in your ability to earn. Regular submissions of earnings reports, medical updates, and sometimes proof of ongoing treatment or rehabilitation efforts may be required to continue receiving these benefits. The duration for which you can receive partial or residual benefits can vary based on your policy terms. Some policies provide these benefits up until a certain age, like 65, or for a set number of years.
It’s important to thoroughly review your insurance policy and speak with an experienced attorney to understand the specific terms and conditions of your coverage. Knowing how your policy handles partial disability claims will help you plan effectively for continuing work in a different capacity while managing Parkinson’s disease.
What Are the Best Practices for Managing a Long Term Disability Claim for Parkinson’s Disease?
Managing a long term disability claim for Parkinson’s disease requires diligent attention to detail, ongoing communication, and proactive documentation.
Here are several best practices to help ensure that your claim remains in good standing over time:
Keep Your Insurance Company Updated: Notify your insurance company of any changes in your medical condition, treatment plans, or work status. Regular updates can prevent misunderstandings and ensure that your insurance company has the most current information, which is crucial for ongoing claims management. Engaging a disability insurance attorney to handle these updates to your insurance company can ensure that your medical status is communicated clearly.
Keep Detailed Medical Records: Continue to compile comprehensive medical documentation throughout the course of your illness. This includes updated medical reports from your neurologist, records of any new symptoms or progressions in your condition, and details of all treatments and medications. Consistent record-keeping substantiates the continued need for benefits.
Prepare for Surveillance and Reviews: Insurance companies may conduct surveillance to verify the ongoing nature of a disability. Staying consistent in your public behavior and adhering to the restrictions or limitations advised by your doctors is key.
Engage a Disability Insurance Attorney: Managing a long term disability claim, especially for a complex condition like Parkinson’s disease, can be legally challenging. A disability insurance attorney with experience in such cases can provide invaluable assistance. They can help navigate the claims process, deal with your insurance company, ensure compliance with policy requirements, and represent you during disputes or appeals. A knowledgeable disability attorney can also advise on legal rights and options if your claim is unfairly denied or terminated.
How Can The Maddox Firm Prove My Short or Long Term Disability Claim?
At The Maddox Firm, we understand the complexities involved in proving short and long term disability claims for individuals diagnosed with Parkinson’s disease. Our team is experienced in navigating the specific challenges of neurological disorders to ensure that you receive the benefits you rightfully deserve.
Here’s how we can help prove your claim:
We Examine Your Policy and Assess Your Claim: Our first step is to thoroughly review your disability insurance policy to understand the definitions and provisions specifically relevant to neurological conditions like Parkinson’s disease. We assess your claim with a focus on how Parkinson’s impacts your ability to perform your job duties, ensuring that we tailor our approach to meet the strict criteria set by your insurance company.
We Handle All Communications with Your Insurance Company: Dealing effectively with insurance companies requires expert knowledge and precise communication. We manage all correspondence on your behalf to ensure that your claim is presented clearly and persuasively. Our team is skilled in articulating the specific challenges posed by Parkinson’s disease, such as fluctuating symptoms and progressive deterioration, which can impact your work capabilities.
We Help You Obtain Evidence to Support Your Claim: Solid evidence is crucial in substantiating disability claims for Parkinson’s disease. We work closely with your treating doctors to compile a comprehensive medical file that includes neurological assessments, treatment records, and expert evaluations detailing the extent of your condition. Additionally, we assist in gathering vocational evidence that demonstrates how your symptoms hinder your professional performance and meet your insurance company’s criteria for disability.
We Handle Appeals and Litigation: If your disability claim is initially denied or disputed, we are prepared to take further action. Our legal team will meticulously prepare for appeals, harnessing all available medical and vocational evidence to build a strong case. If necessary, we will represent you in litigation, advocating on your behalf to secure the benefits you need to manage your condition.
A short term disability or long term disability claim can be a complicated process. If you need help during the claims process, with appealing a claim denial, or with litigating a final adverse short term or long term disability decision, The Maddox Firm can help. The experienced team at The Maddox Firm will examine your insurance policy, correspondence from your insurance company, medical records, and any other relevant documentation in order to give you personalized guidance on how we can help you win your short and/or long term disability claim. Our New Jersey and New York long term disability attorneys help clients nationwide.
