Mental Health disability benefits may be hard to obtain. Most long-term disability policies pay a maximum of 24 months for disabilities caused by mental health conditions. This is called a mental health limitation or mental nervous limitation. Mental conditions include: depression, anxiety disorder, panic attacks, PTSD, and bipolar.
But what happens when someone has both a mental health condition and a physical condition that causes disability? In this situation, the mental health limitation or mental nervous limitation does not apply. Under the law, disability benefits must be approved beyond 24 months if the physical condition alone is disabling.
Many Prudential disability policies state that monthly benefits are limited to 24 months if the disability is due, in part, to a mental health condition. We have seen many instances where Prudential applies the mental health limitation to deny disability benefits. Prudential denies disability benefits even though there is a physical condition that causes total disability.
Prudential argues that the mental condition causes or contributes to the disability. Because of this, Prudential claims the mental limitation applies. Prudential might also ignore that the physical condition causes total disability by itself.
However, we argue the law. The law says that the mental health limitation does not apply in this situation. If the physical condition is disabling by itself, then benefits should be paid beyond 24 months. Prudential tries to get out of paying mental health disability benefits, but we know how to get around their tactics.
If your disability benefits were denied or terminated based on the mental health limitation, you have a right to appeal that decision. Our experienced disability insurance attorneys know how to handle the mental health limitation against Prudential. We have successfully obtained benefits for our clients who have both mental and physical disabilities.
Contact the disability insurance attorneys at Dabdoub Law Firm to see how we can help.
