Table of Contents
Understanding Hepatitis and Its Effect on Claimants
Hepatitis is the word used to describe inflammation of the liver. A virus usually causes hepatitis, with the most common forms being A, B, and C. Hepatitis A does have a vaccine and often does not create chronic illness. However, Hepatitis B and Hepatitis C can create lifelong health problems.
- Hepatitis B is a liver disease caused by the Hepatitis B Virus (HBV). It ranges in severity from a mild illness lasting a few weeks (acute) to a chronic illness that can lead to liver disease or liver cancer.
- Hepatitis C is a liver disease caused by the Hepatitis C Virus (HCV). HCV infection sometimes results in an acute illness but often becomes a chronic condition that can lead to cirrhosis of the liver and liver cancer.
Symptoms of Hepatitis
Usually, newly infected people can be asymptomatic. This means the person can show no symptoms for weeks or even years. However, patients will start to experience the following symptoms for both hepatitis B and hepatitis C:
- Fever;
- Fatigue;
- Loss of appetite;
- Nausea;
- Vomiting;
- Abdominal pain;
- Dark urine;
- Jaundice;
- Clay-colored bowel movements; and
- Joint pain.
Treatment for Chronic Hepatitis
Treatment plans for Hepatitis B will vary depending on the level of progression. There is no cure for Hepatitis B. An initial blood test and biopsy will be performed to check the level of liver damage and the progression of the disease. Several medications are used to slow the progression of the disease, but they can cause kidney damage. Your doctor will need to monitor you closely and may order bed rest until your body gets used to the drugs.
Treatment plans for Hepatitis C will also vary depending on the progression. There is now an oral treatment for Hepatitis C that usually lasts 8-12 weeks. Side effects from the medication can cause extreme fatigue, nausea, vomiting, and flu-like symptoms.
Hepatitis and Long-Term Disability
Depending on how your hepatitis has progressed, it may be difficult to continue working. If your doctor removed you from the workplace until you finish your treatment plan, you must apply for long-term disability insurance benefits.
Your insurance company will decide your claim based on the medical information you provide. This should include a positive diagnosis of hepatitis and detailed records that outline symptoms such as severe fatigue, immobility, and other related conditions. Your doctor must also provide a comprehensive treatment plan and a list of limitations that prevent you from fulfilling your work responsibilities.
Definition of Disability
In the context of most long-term disability policies, a person is deemed disabled if they are:
- Unable to carry out the essential tasks of their specific occupation for the initial two years of the policy;
- Incapable of performing the functions of virtually any occupation after the initial two-year period.
However, it’s essential to note that the definition of disability may vary between different LTD policies. To understand how the terms “disability” or “totally disabled” apply to you, you must carefully review your specific LTD policy.
Proof of Hepatitis B and C
Successfully claiming long-term disability for Hepatitis B or C requires more than just evidence of symptoms. You must support your claim with concrete medical documentation, such as medical reports from the healthcare professionals and facilities that have treated you. This includes results from MRI, CAT Scan, liver ultrasound, liver biopsy, liver enzyme level tests, and liver protein levels.
Don’t forget to include any mental health records if you have sought counseling for depression or anxiety related to your hepatitis diagnosis. Ensure that you provide your therapy notes to the insurance company.
If the insurance company finds the evidence insufficient to process your claim, it may request an in-person medical examination or a paper file review by one of its hired doctors before deciding.
Get Professional Help from a Long-Term Disability Attorney If Your Hepatitis Claim Is Denied
Working with an experienced long-term disability lawyer such as Nick Ortiz can give you the best chance of having a case approved because of hepatitis. His expertise can guide you through the appeal process and help you present the strongest possible case. He knows how insurance providers handle claims related to hepatitis and will help you collect essential evidence and prepare your appeal. He does not get paid unless you do, so you can proceed with your case without fear of upfront legal bills or costs.
Although based in Florida, the Ortiz Law Firm represents claimants across the United States. If you’d like to speak to an experienced long-term disability insurance attorney about your condition and how it affects your ability to work, contact us online or call us at (888) 321-8131 to schedule a consultation. We can help you appeal a long-term disability denial and recover the benefits you deserve.