Ask A Lawyer: PTSD

Ask A Lawyer: PTSD

In this blog, Share Lawyers answers general questions regarding Post-Traumatic Stress Disorder (PTSD) and disability benefits.

Ask A Lawyer: Post-Traumatic Stress Disorder (PTSD)

Are “injuries” in a personal injury case strictly defined as physical? Can I be compensated for my emotional and mental injuries?

Injuries would include both physical and psychological symptoms. It is more difficult to obtain compensation purely for emotional or mental health injuries, although that may be possible depending on the particular circumstances of the incident that gave rise to the injuries.

Can I take short-term disability for mental health issues?

Yes, you can take STD benefits for our mental health issues. Again, the diagnosis of your mental health issues and your inability to work due to mental health issues must be supported by your medical provider.

I was involved in a severe car accident last year and have been diagnosed with PTSD as a result. The flashbacks have made it impossible for me to do my job, but I have heard that it’s difficult to get approved for long-term disability. Is this true?

PTSD falls into the broad category of conditions that are sometimes described as “invisible disabilities”.They are “invisible” because objective medical testing does not provide proof of the illness, symptoms or disabling condition. An X-ray, CT Scan, MRI or other medical testing generally will not provide any explanation for the symptoms you may be suffering with as part of the PTSD diagnosis. As claims for Long Term Disability are generally scrutinized extensively, being approved may well be difficult.  If you have strong medical support and your claim is denied you should not hesitate to contact an experienced disability lawyer to assess your chances of proceeding with your claim and successfully getting the benefits you deserve.

I have post-traumatic stress disorder as the result of serving in Afghanistan, but my insurance company seems to think that I have been misdiagnosed. The company has cited “insufficient medical evidence” as the reason for denying my long-term disability claim. On top of that my psychologist refuses to write any more reports. I’m now at a loss—is it time to hire a lawyer?

When an insurance company says that there is “insufficient medical evidence”, you have the option to appeal by providing more medical evidence, or consulting a lawyer to discuss your rights and possible remedies. If your doctors have provided all the medical information that is available, then appealing will not achieve anything except cause delays. You should contact an experienced disability lawyer to help you fight for the benefits you are entitled to receive.

Has your long term disability claim been denied? Contact Share Lawyers and put our experience to work for you. We offer free consultations and there are no fees unless we win your case. Find out if you have a disability case.

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