Mental Health Disability Claims

New York Disability Lawyer Fighting For Individuals Suffering From Mental Health Conditions

At Gisonni Law Firm, we understand the anguish our clients feel when they suffer from a behavioral health problem and their disability insurance company takes advantage of them.  At a time when a person needs a sympathetic shoulder, disability companies pull out all the stops to make your life a living hell.  When this happens, you will always find an understanding ear.  We have years of experience pushing back when disability insurance companies employ unfair tactics. Contact Gisonni Law Firm to discuss your legal needs.

Involving Your Confidential Psychological Treatment Records

If you suffer from a mental health condition and are under the care of a mental health professional, do you have to turn your confidential records over to the insurance company?  Treatment in the mental health field is unique in that the only way a psychiatrist or psychologist can assess your condition is to discuss how you are feeling.  There are no x-rays to review.  They can’t examine a certain part of your body.  When you discuss your feelings, it is expected that you will freely share information to assist in the assessment and treatment process.  During those communications, you could share highly personal information with your treating practitioner that you may feel is simply no one else’s business.  At Gisonni Law Firm, we understand how highly confidential these communications are and work to protect them at all costs.  If your disability insurance company wants all of your communications with your therapist or psychiatrist, you need to consider your legal options.

When the Disability Insurance Company Asks You to Undergo Neuropsychological Testing

All disability policies have an examination clause that allows the disability insurance company to send you to a physician of their choosing.  Some policies actually spell out the insurer’s right to send you to undergo Neuropsychological testing.  This type of testing is usually performed over a two day period of approximately four hours each day.  The insured is asked to answer questions and complete repetitive or memory tests on the computer.  One person generally does the testing, and a Neuropsychologist interprets the “raw data” which is then incorporated into a report used by the disability insurance company to either verify your condition or to terminate your claim.  All too often, this type of testing has been used as a means to terminate disability benefits.  Gisonni Law Firm has been involved in claims and litigation for two decades involving neuropsychological testing and unfair disability insurance company tactics.  If you are asked to undergo such testing, call our firm for an understanding of your rights.

When Disability Insurer Places a Timeframe for Recovery on Your Claim

All mental health conditions are experienced by individuals differently.  Some people respond to certain medications prescribed by their psychiatrists while others go years trying different medication combinations to alleviate their debilitating symptoms to no avail.  If your disability income insurance company has placed a time limit on your recovery from a mental health condition, that should be a red flag to you.  The proper claim analysis involves obtaining information from your mental health practitioner that confirms your symptoms, restrictions and limitations.  Placing a time limit on a condition demonstrates that the disability insurance company is simply setting a deadline for termination of your benefits.  Call Gisonni Law Firm if this is happening in your mental health disability claim.