We do not handle social security disability claims
Over $250 Million Recovered for Our Clients

A disturbing report from the American Cancer Society reveals that adults across the US are being diagnosed with colon and rectal cancers at younger ages, with a proportionate number of cases among adults under age 55 increasing from 11% in 1995 to 20% in 2019. Each month the U.S. Department of Health and Human Services selects National Health Observances (NHOs) that align with its priorities for improving health across the nation. In March, raising awareness about nutrition, colorectal cancer, and HIV/AIDS is the focus. People between ages 45 – 75 are urged to have regular screenings for colorectal cancer because the earlier it is diagnosed, the better the chances of survival. If the disease runs in the family, screening before age 45 is recommended. The American Cancer Society reports that 106,970 new cases of colon cancer and 46,050 new cases of rectal cancer will occur in 2023. Colorectal cancer is the third leading cause of cancer-related death in men and women, and when the numbers are combined, it’s the second most common cause of death in the United States. Treatment for colorectal cancer varies from patient to patient, but very often patients who undergo chemotherapy for colorectal cancer experience what’s known as “chemo brain.”

Chemo Brain or Brain Fog is a Real Disease

The goal of chemotherapy is to kill cancer cells, and most treatments target rapidly dividing cells, but as it eliminates fast-growing cancer cells, it also damages healthy cells. This leads to side effects including chemo brain, nausea, fatigue and/or a lowered immune system leading to infections. “Chemo brain” or “chemo fog” refers to a real disease. It’s highly frustrating to patients who suffer from thinking and memory problems, including disorganized behavior, confusion, memory loss, and trouble concentrating, retaining information, and making decisions. Chemo brain is especially challenging to individuals who previously operated at high cognitive levels. They often believe they will be able to overcome chemo brain by sheer will, when in fact, sadly, it’s not easily defeated. For some patients, the only option is to file a for long-term disability insurance claim.

Long Term Disability Claims for Chemotherapy Induced Cognitive Impairment

The Law Office of Justin Frankel has represented many patients who have suffered cognitive changes following treatment for cancer when their long-term disability insurance claims were denied. There are a few tactics used by insurance companies for these claims:

  • Denying claims based on a lack of medical evidence. Chemo brain is hard to quantify unless proper screening and evaluations are done. For many of our clients, we have them undergo neurocognitive testing to better support their impairment.
  • Limiting claims by categorizing chemo brain as a mental/nervous claim, claiming it is anxiety or depression. Most long term disability insurance policies limit mental/nervous claims to 24 months.
  • Denying claims based on the argument that chemo brain symptoms will end when chemotherapy treatment ends.

Protect Your Claim with Experienced Disability Insurance Lawyers

The last thing someone suffering from chemo brain should be dealing with is battling a large disability insurance company with endless resources, including lawyers and doctors whose sole purpose is to deny claims. Our firm has fought every major disability insurance company and recovered millions of dollars of disability benefits for our clients.

Why the Law Office of Justin Frankel?

Justin Frankel has focused on helping people who have had their long-term disability benefits denied. Justin Frankel has worked directly with our clients, who benefit from their knowledge and experience. We have the experience, knowledge and tenacity needed to fight back when the disability insurance companies denies claims.

Justin C Frankel

Written By Justin Frankel

Attorney

Justin C. Frankel is committed to fighting for the rights of clients when their long term disability insurance claims have been denied, delayed or terminated.


Client Testimonials

Rating stars 5.0 Average on Martindale & AVVO
  • We know how important our work is to the people we represent, and we’re pleased to share this recent note from a client. Dear Justin and Christina, I wanted to take a moment to express my sincere g…
  • Our 60-year-old client worked for the world’s largest out-of-home advertising company as a Senior Buyer and outdoor furniture supplier, doing everything necessary to manage a contract for twenty ye…
  • Successful ERISA Appeal of Cigna Denial for High-Ranking Aviation Executive from Florida A 61-year old woman with a prestigious role at a leading aviation company never imagined she would stop work…
  • ERISA Case Headed to Trial in Federal Court – Barber v. Sun Life & Health A Federal Judge in Connecticut has scheduled a trial with live witnesses in an ERISA case, to be decided under the arbi…
  • F&N Resolves a Four Year Delay in UNUM Lump Sum Settlement Matter We were contacted by a 56 year-old man from Maryland who had been trying to negotiate a lump sum settlement of his private disa…
  • Our client, a successful New York dentist, was on claim for a number of years with Trustmark Insurance, due to severe orthopedic issues, which did not permit him to safely and effectively practice …
  • “OK, now that I have had a chance to calmly review the documents, I just wanted to thank you for all of your help. I am certain that if I would have tried to do this myself, I would not have had th…
  • The Law Office of Justin Frankel Navigates Complex Issues, From Claim Preparation to Lifetime Management, for Chiropractor A New York chiropractor in his mid-50s was concerned about complex issues …