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Veteran’s Day and Disability Claims

Wednesday, November 11th, 2020

Veterans Day is a federal holiday which celebrates and commemorates military veterans. It was created to commemorate the end of World War I and was known originally as Armistice Day. The intent of Veterans Day is to show appreciation to Veterans for their service and sacrifice.  In many towns, the American flag is hung at half mast to honor veterans who have passed, and often a two-minute period of silence is observed, starting at 11:00 AM.

Frankel & Newfield is grateful to the brave men and women who serve our country, and we are proud to represent veterans who rely on us to defend their rights.  We proudly represent many Veterans.

Many of our veteran clients suffer from PTSD, Post-Traumatic Stress Disorder – often from service or combat.  While we do not represent them with the VA, benefits  when they have PTSD or another disability and own a disability insurance policy from their employer, or have purchased disability insurance on their own, we protect them from insurance companies that seek to deny their claims.  We also protect them where the disability insurance company may seek to recoup those VA benefits through certain policy provisions.

What does PTSD do to a person?

PTSD is a challenging disability claim in part because it is a mental health claim. Disability insurance policies typically limit benefits to 24 months for mental health claims, so it’s critical to ensure that the  claim is handled right from the get-go. Also, PTSD is not something that can be documented by radiological tests or bloodwork, so it needs to be substantiated by medical records.

PTSD is a condition that is often caused by the experience of a terrifying or traumatic event. The person may experience the event themselves or simply be a witness, but the trauma is often the same. Some of the symptoms include flashbacks, nightmares, severe anxiety, and uncontrollable thoughts about the event. Some people can experience a traumatic event and continue with their lives, but many do not.

PTSD symptoms are grouped into four main types: intrusive memories, avoidance, negative changes in thinking and mood and changes in physical and emotional reactions. One of the tricky things about PTSD is that it might start within a short time after the traumatic event, or it may not appear until many years have passed. PTSD can cause significant problems in the person’s ability to function in the workplace, in social situations or in relationships.

People with PTSD are treated with a variety of modalities to attempt to regain a sense of control over their lives. A combination of medication and psychotherapy is usually used to improve symptoms. There are also different types of therapy – cognitive therapy, exposure therapy and eye movement desensitization and reprocessing (EMDR).

These approaches, combined with stress management skills, help PTSD patients, but they are not always effective.  Veterans who come to our law firm for help with their disability claims for PTSD have usually done as much as they could to help themselves, taking medications and trying different types of psychotherapy. They suffer from a condition that cannot be resolved, which adds another layer of stress to their problem.

This condition may be latent for many years, and then have a sudden onset, and it may become impairing to someone.  We have represented claimants with these situations, and have helped them navigate the challenges of the claim process.

If your disability insurance company has denied your PTSD claim, or you have questions or concerns, we invite you to call our office at 877-583-2524 and learn how we can help you.

HAPPY VETERANS DAY!

Jason A. Newfield

Written By:

Jason A. Newfield

Disability Insurance Attorney

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Frankel & Newfield does not currently handle any Social Security Disability Insurance claims.

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