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The Impact Of A Pre-existing Condition On Disability Claims

Joe Calvin by Joe Calvin
May 2, 2023
in Legal
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Attorney
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A pre-existing condition is any medical condition that existed before the start of a person’s disability. When filing for disability benefits, a pre-existing condition can complicate the claims process and significantly impact the outcome. 

Claim applicants must be aware of the impact of a pre-existing condition on disability claims. One must be mindful of how a pre-existing condition can affect the eligibility for benefits, the number of benefits a person can receive, and the type of benefits they may qualify for. 

If you are filing for disability benefits and have a pre-existing condition, contact The Law Office of Nancy L. Cavey for valuable insights and information to help you through the process.

Understanding the impact of a pre-existing condition on disability claims: 

  • Eligibility for disability benefits may be affected

If a person’s pre-existing condition is not severe enough to prevent them from working, they may not qualify for disability benefits. A pre-existing condition can also complicate the claims process, requiring additional medical evidence or expert opinions to demonstrate how the condition affects the person’s ability to work. 

  • The benefits amount may be reduced.

If a pre-existing condition is determined to be contributing to a person’s disability, the number of disability benefits they receive may be reduced. It is because disability benefits are calculated based on a person’s ability to work. If a pre-existing condition limits their ability to work, the benefit amount may be reduced.

 

  • The type of benefits may be affected.

The type of disability benefits a person can receive may also be affected by a pre-existing condition. For example, suppose a person has a pre-existing condition that is not work-related. In that case, they may only be eligible for Social Security Disability Insurance (SSDI) benefits rather than Workers’ Compensation benefits. 

  • Documentation is important

When dealing with a pre-existing condition, documentation is crucial in disability claims. It is essential to have thorough medical records demonstrating how the pre-existing condition affects the person’s ability to work. This documentation will be used to determine eligibility for disability benefits and can significantly impact the outcome of the claims process. 

  • The claims process may be more complex.

The presence of a pre-existing condition can make the claims process more complex. It may require additional medical evidence or expert opinions to demonstrate how the pre-existing condition affects the person’s ability to work.

The claims process may also involve other legal considerations, making it essential to work with an experienced disability attorney to navigate the process. 

  1. Legal representation may be beneficial.

Working with an experienced disability attorney can be beneficial when dealing with a pre-existing condition and filing for disability benefits. A disability attorney can provide valuable legal guidance throughout the claims process, help gather necessary documentation, and protect the person’s rights. They can also provide representation in case of an appeal.

 

Tags: disability claimslaw office

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