Medication Side-Effect Claims

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Do you suffer from Medication Side-Effects?  Did your disability insurer deny your claim for disability insurance benefits?

Often times it may not be the actual diagnosis of a condition that forms the basis of a long-term disability benefit claim, but the side-effects of the medication used to treat a diagnosed condition that is totally disabling.  Diseases such as cancer, HIV, and many chronic pain disorders require very strong medication regimens with side-effects that may be more disabling than the condition for which they were prescribed.  Long-term disability insurers will often focus their arguments on a claimant’s underlying condition and diagnosis without considering the side-effects of a claimant’s medications in order to justify a denial of a claim for long-term disability benefits.  Due to the fact that many doctors do not mention side-effects from medications in their medical reports, since they are common side-effects, long-term disability insurers typically claim that there is no record of debilitating side-effects in support of their decision to deny a claim for long-term disability benefits.

Medications that cause severe nausea, inability to concentrate, sedation, slurred speech, or any other side-effects that prevent you from performing the material duties of your occupation can form the basis for a claim for long-term disability benefits.  Disability insurers cannot ignore debilitating side-effects from medications a claimant is taking in order to deny a claim for long-term disability benefits, even if the side-effects are not regularly mentioned by a claimant’s physicians in medical records.  Medication side-effects are a critical component in determining whether you are capable of working, and rebutting a long-term disability insurer’s argument that these side-effects are not documented or are not severe enough to preclude you from working requires well-reasoned legal and factual argument.  The attorneys at McKennon Law Group PC have had significant success arguing that claimants are entitled to long-term disability benefits because they are incapable of working due to the side-effects from their medications.

If your disability insurer denied your long-term or short-term disability insurance claim, we can help you.  Please contact us for a free consultation. Call us at (949) 387-9595, email us at or fill out our Consultation Request Form.  Let us decide whether your long-term disability claim was wrongfully denied and let us see if we can assist you.