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Many disability policies will have limits on how long benefits can be paid for mental illness and will require that a policyholder gets active treatment. Unfortunately, it’s not uncommon for policy holders who have mental illness to have difficulty getting medical treatment.
In a recent Social Security Disability case, Punzio v. Astrue, 630 F.3d 704 (7th Cir. 2011), Judge Posner, one of the leading Judges in the 7th Circuit, points out that the difficulty performing activities of daily living, small improvements of mental illness, failure to get treatment is the symptoms of the disease and aggravating factors.
Many disability insurance carriers will pounce on a policy holders ability to perform activities of daily living or even small improvements in their mental conditions to deny the claim. Worse yet, they’ll take the position that a policy holder that fails to get treatment or cooperate with the treatment has breached the terms of the ERISA policy.
Judge Poser wisely recognized that the failure to get treatment for mental conditions is the symptom of the disease and aggravating factors. This is just one case that can be cited in a winning ERISA disability appeal!
Need To File a Claim For Disability Benefits?
If your claim for disability benefits have been denied as a result of mental illness or failure to get treatment, it’s time to contact disability attorney Nancy Cavey who can get you the benefits you deserve regardless of where you live in the United States. Call today at 727-477-3263 for a complimentary consultation.
