How to Support Your MS Disability Claim

{3:55  minutes to read} Multiple Sclerosis (“MS”) is an incredibly debilitating condition that is unique to diagnose and often difficult to prove to the insurance company.

MS is a demyelinating, autoimmune disease. When one suffers from MS, their own immune system attacks the myelin sheath around their nerves, which is vital for nerve cells to communicate with each other.

How is the disease diagnosed?

The fact MS has many symptoms makes it difficult to diagnosis. MS symptoms can also be associated with a host of other conditions. Some typical MS symptoms are as follows:

  • pain;
  • fatigue; 
  • numbness and/or tingling;
  • balance problems;
  • poor coordination;
  • paralysis;
  • instability walking;
  • sporadic sensory disturbances;
  • increased muscle tension;
  • bowel and bladder problems;
  • sensitivity to heat;
  • difficulty remembering;
  • depression;
  • poor judgment or difficulty solving problems;
  • vision issues, including double vision, blurred vision, blindness, and involuntary rapid eye movement;
  • shaking and tremors;
  • speech and communication issues;
  • foot drag;
  • muscle spasms; and
  • difficulty ambulating in the morning.

The doctor who diagnoses an MS claim is typically a neurologist. Often they are neurologists who specialize in the diagnosis and treatment of MS. It is a diagnosis of exclusion, which means that there is no “one test” to  determine that you have MS.

There are a number of steps to go through to diagnose the disease. The first step is to have a clinical evaluation by a neurologist. That neurologist will ask questions about the symptoms you are experiencing in order to determine whether she believes you should move on to the next round of diagnostic testing.

The next steps that are typically used include tests to confirm the diagnosis such as:

  • an MRI of the brain;
  • nerve conduction studies, which are commonly known as EMGs and NCVs; and
  • a lumbar puncture (spinal tap).

The clinical evaluation and the results of those tests will enable a trained neurologist to diagnose your condition.

How will you support your MS disability claim?

You are going to experience some difficulties with the insurance companies, even after the doctor tells you that she believes you have the disease. The insurance company may deny that you have MS. They may say that it’s depression, and if you have a group policy, they may limit your benefits based on the limitations for mental and nervous claims contained  in your group policy.

The insurance company may not understand the difference between certain types of MS, including “relapsing or remitting” MS.   

Relapsing, remitting MS is a condition that involves flare-ups rather than consistent symptoms, so the insurance company may ask, “Why can you work sometimes and other times you can’t?” They will say they don’t understand why you were doing well enough to work before, and now you can’t work.

A combination of good legal counsel and quality doctors advocating for you can overcome all of these challenges. If you’re having difficulty with an MS claim or experiencing problems with your insurance company, contact Schwartz, Conroy & Hack for a consultation.

How would you deal with an MS diagnosis and move forward with a potential disability claim?

Evan-Schwartz

Evan S. Schwartz
Founder of Schwartz, Conroy & Hack
800-745-1755
ESS@schwartzlawpc.com