According to reporting from the Northern California Record, Christopher Kane, a San Jose software engineer of Apple, recently filed a lawsuit claiming that he has been wrongfully denied his long term disability benefits. Mr. Kane’s claim was filed in relation to his post-traumatic stress disorder (PTSD). PTSD is a serious mental health issue that can trigger intense emotional and physical reactions that can often be completely debilitating. Court records indicate that Mr. Kane’s PTSD dates back to his service in the Iraq War.
ERISA and PTSD
Mr. Kane’s employer sponsored insurance policy was governed by the Employee Retirement Income Security Act. This legislation, most commonly referred to as ERISA, regulates many employer sponsored health and retirement plans. Previously, Mr. Kane had received some short-term disability benefits in relation to his PTSD under this plan. However, his insurance company denied his application for long-term benefits. Ultimately, this case will be decided on the issue of whether or not his PTSD meets the standards needed qualify as a long term disability.
Mental Health Conditions: Fighting For Your Disability Benefits
Those who suffer with PTSD, like those who face many other conditions that are labelled ‘mental health disorders’, often face stigmatization. This is at least partially due to the fact that the effects of PTSD and other mental health conditions are not always visible to the naked eye. Of course, this does not make these conditions and injuries any less real. PTSD can impair and affect functioning in many areas of a person’s life. If you are suffering from PTSD, or a similar condition, and you are seeking long term disability benefits, it is critically important that you work with an experienced attorney.
Your disability attorney will be able to get you in front of the appropriate medical experts who can help create the records and documents necessary in order to establish your claim. If your disability benefits have been denied, get yourself legal assistance before you file your first administrative appeal. This is important because you need to ensure that all relevant evidence, documents, records and information are included within your claim file. In the event that you fail to get evidence into the claim file before your insurance company reaches a final decision on your claim, you will likely lose out on access to the evidence during future lawsuits.
Contact an Experienced Long Term Disability Lawyer Today
At Kantor & Kantor LLP, our ERISA attorneys have extensive experience representing tech workers in long term disability claims. To learn more about what we can do for you, please contact our office today to set up a free review of your case. We represent tech workers throughout the Bay Area and Silicon Valley, including in Mountain View, Sunnyvale and Palo Alto.