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Parkinson’s Disease Disability Lawyer

Parkinson’s Disease Disability Lawyer

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Our Disability Lawyers help people who suffer from Parkinson’s and have been wrongly denied their Long-Term Disability Benefits. Consultations are always FREE, and you NEVER pay upfront.

Parkinson’s disease is a progressive disorder that can have a profound impact on an individual’s life and the lives of their loved ones. As the disease gradually affects a person’s movement, balance, and cognitive abilities, it can create significant challenges in their daily lives.

The onset of Parkinson’s symptoms, such as tremors, stiffness, and difficulty with coordination, can make even simple tasks feel insurmountable. For many, this leads to feelings of frustration, anxiety, and depression as they mourn their previous lifestyle and fear for the future.

For many individuals living with Parkinson’s disease, the progression of symptoms may eventually reach a point where continuing to work becomes a challenge. This can be a devastating realization for the individual and their family, who may rely on their income and support. The decision to stop working and pursue long-term disability benefits is never easy. Still, it is often necessary to ensure that individuals can focus on managing their health and maintaining the best possible quality of life.

Navigating the complex world of long-term disability can be overwhelming, especially when you’re already dealing with the various challenges of Parkinson’s disease. Thus, individuals and their families must understand their rights, explore available resources, and seek the help of an experienced Hamilton long-term disability lawyer. 

If you’ve been denied long-term disability benefits for Parkinson’s Disease, you don’t have to go through the Disability Appeals Process. You can hire your own Disability Lawyer for free to fight for you.

If you live with Parkinson’s Disease and have been denied long-term disability benefits, speak to an experienced disability lawyer to discuss your options. Lalande Disability Lawyers have been representing disability claimants for decades and have the experience you need to help overturn your disability benefit denial. Call us today at 1-844-434-7224 for your FREE CONSULTATION, or alternatively, send us a message through our website, and we will be happy to get right back to you. Our scoliosis disability lawyers only get paid – if you get paid.

What is Parkinson’s Disease? 

Parkinson’s disease is a progressive neurological disorder that primarily affects movement and motor control. It occurs when specific brain cells, called neurons, that produce a chemical known as dopamine gradually deteriorate and die. Dopamine plays a role in regulating movement, and as these neurons decline, the brain’s ability to control movement becomes impaired, leading to the characteristic symptoms of Parkinson’s disease.

Causes

While the precise cause of Parkinson’s disease remains a mystery, scientists believe that a combination of environmental and genetic factors can contribute to the development of this condition. In a small number of cases, specific genetic mutations have been directly linked to Parkinson’s. These mutations can be passed down from parent to child, increasing the likelihood of developing the disease. However, for the vast majority of people with Parkinson’s, the cause appears to be a complex combination of various risk factors, including:

  • Age: As we age, our risk of developing Parkinson’s increases. This is because the natural aging process can lead to a gradual decline in dopamine production, the brain chemical crucial for controlling movement. Most people with Parkinson’s experience their first symptoms after the age of 60, although some may develop the condition earlier.
  • Gender: Studies have shown that men are slightly more likely to develop Parkinson’s compared to women. While the exact reasons for this gender difference are not fully understood, it is thought that hormonal factors, differences in exposure to environmental toxins, and lifestyle habits may play a role.
  • Environmental toxins: Exposure to certain chemicals and toxins in the environment may increase the risk of developing Parkinson’s. For example, studies have suggested that long-term exposure to pesticides, herbicides, and heavy metals like manganese and lead can damage the neurons that produce dopamine, potentially contributing to the development of Parkinson’s.
  • Head trauma: Research has indicated that individuals who have experienced repeated head injuries, such as concussions, may be at a higher risk of developing Parkinson’s later in life. This is because head trauma can cause inflammation and damage to the brain, which may accelerate the loss of dopamine-producing neurons. However, it is essential to note that not everyone who experiences head injuries will develop Parkinson’s, and more research is needed to fully understand this relationship.

In addition to these factors, scientists are also exploring other potential causes of Parkinson’s, such as inflammation in the brain, the role of the gut microbiome, and the possible influence of certain viral infections. 

It is important to remember that having one or more of these risk factors does not necessarily mean that a person will develop Parkinson’s disease. Likewise, some individuals who develop Parkinson’s may not have any known risk factors. The causes of Parkinson’s are still an area of active research, and scientists are working hard to learn more and develop effective treatments. 

Symptoms

The symptoms of Parkinson’s disease can vary from person to person, and they typically develop gradually over time. Some of the most common symptoms include:

  • Tremors: Involuntary shaking or trembling, often beginning in the hands or fingers, is a hallmark symptom of Parkinson’s. This tremor may be more noticeable when the affected limb is at rest.
  • Rigidity: Muscle stiffness or inflexibility can occur in any part of the body, causing discomfort, pain, and a decreased range of motion. This rigidity may make it difficult to perform simple tasks like tying shoelaces or buttoning a shirt.
  • Bradykinesia: Slowness of movement is another common symptom of Parkinson’s. This may manifest as difficulty initiating movement, taking smaller steps when walking, or a general decrease in the speed and amplitude of movement.
  • Postural instability: As Parkinson’s progresses, individuals may experience balance issues and an increased risk of falling. This can make walking and other daily activities more challenging and may require assistive devices, such as a cane or walker.
  • Non-motor symptoms: Parkinson’s disease can also cause a range of non-motor symptoms, such as cognitive changes, sleep disturbances, depression, anxiety, and gastrointestinal issues.
  • Loss of automatic movements. As the disease progresses, individuals may notice that they aren’t performing unconscious actions as easily – such as blinking, smiling, or arm movement while walking. 
  • Changed speech. Individuals may start speaking softly or quickly, slur their words, hesitate before speaking, or become more monotone. 
  • Changed writing. Due to tremors and other motor function changes, writing may become difficult. It’s common for writing to become smaller. 

It’s important to remember that not everyone with Parkinson’s will experience all of these symptoms, and the severity of symptoms can vary significantly from person to person. If you notice any of these symptoms in yourself or a loved one, it’s crucial to consult with a healthcare professional right away for an accurate diagnosis and appropriate treatment plan. 

How Parkinson’s Disease can Interfere with Work

As Parkinson’s disease progresses, it can significantly impact an individual’s ability to perform the main duties of their job, ultimately leading to the difficult decision to stop working. The stage at which a person may need to leave their employment varies depending on the severity of their symptoms, the rate of disease progression, and the nature of their occupation.

Parkinson’s disease is typically divided into five stages, each characterized by increasing levels of disability:

  • Stage 1: Mild symptoms, such as tremors or shakiness, that usually do not interfere with daily activities or work.
  • Stage 2: Symptoms become more noticeable and may begin to affect both sides of the body. At this stage, individuals may experience difficulty with tasks that require fine motor skills or balance, but most can still work with minor accommodations.
  • Stage 3: Considered mid-stage Parkinson’s, this is when symptoms start to impact daily life and work significantly. Individuals may experience slower movements, impaired balance, and difficulty with tasks that require coordination.
  • Stage 4: At this advanced stage, symptoms are severe and limiting. Many individuals require assistance with daily activities and are unable to live alone. Most people at this stage are no longer able to work.
  • Stage 5: The most advanced stage of Parkinson’s, characterized by severe disability and the need for constant nursing care. Individuals at this stage are typically unable to work.

The stage at which an individual may need to stop working depends on various factors, including the type of work they do and the severity of their symptoms. For example:

  • Office workers: Individuals with jobs that primarily involve desk work may be able to continue working longer than those in more physically demanding roles. However, as Parkinson’s progresses, they may experience difficulty with typing, writing, or using a computer mouse due to tremors or rigidity in their hands. They may also struggle with cognitive tasks, such as memory and concentration, impacting their productivity and performance.
  • Manual labourers: Those in physically demanding jobs, such as construction workers or factory employees, may struggle to continue working as their Parkinson’s symptoms worsen. Tremors, rigidity, and slow movement can make it difficult to operate machinery, handle tools, or maintain balance on the job site, posing safety risks to themselves and others.
  • Teachers or public speakers: Individuals in professions that require clear verbal communication may find it increasingly difficult to work as Parkinson’s affects their speech. They may experience soft or slurred speech, making it hard for students or audiences to understand them, impacting their effectiveness in their roles.
  • Healthcare professionals: Doctors, nurses, and other healthcare workers may struggle to perform their duties as Parkinson’s affects their fine motor skills and coordination. Tremors or rigidity can make it challenging to perform delicate procedures, such as handling injections or medical instruments, potentially compromising patient care.

In general, many individuals with Parkinson’s find that they need to stop working during the mid-stages of the disease (Stage 3 or 4) when their symptoms become more severe and significantly impact their job performance. However, some may be able to continue working with accommodations, such as modified work schedules, assistive devices, or a change in job duties. 

That said, the mental, emotional, and psychological factors also play a role in the decision to stop working. Many individuals progressing through this disease struggle with anxiety, depression, and other mental health concerns. These symptoms will only add to the challenge of continuing work. Working while trying to navigate a mental health condition can also be challenging in and of itself. This can potentially create a negative cycle of physical and mental symptoms compounding each other, further confirming that it may be time to stop working.

The decision to stop working is highly personal and should be made in consultation with healthcare providers, family members, and employers. Individuals with Parkinson’s must prioritize their health and quality of life while also considering the financial implications of leaving the workforce. Seeking the guidance of a Hamilton long-term disability lawyer and/or other professionals can help you determine the most appropriate timeline for you. 

Parkinson’s Diseases and Long-Term Disability Benefits

As Parkinson’s disease progresses and begins to significantly impact an individual’s ability to work, it may become necessary to explore long-term disability benefits. These benefits provide essential financial support to help individuals and their families cope with the loss of income and the ongoing costs associated with managing the disease.

Individuals with Parkinson’s disease may be eligible for long-term disability benefits if their symptoms prevent them from performing the essential duties of their job. The specific requirements for eligibility can vary depending on the type of disability insurance policy and the provider. However, in general, to qualify for long-term disability benefits, an individual must:

  • Be covered under a long-term disability insurance policy, either through their employer or an individual plan.
  • Meet the policy’s definition of disability, which may be based on the inability to perform their own occupation or any occupation, depending on the specific policy.
  • Provide medical evidence, such as a diagnosis from a qualified physician and documentation of symptoms and limitations, to support their claim.

Some examples of situations where individuals with Parkinson’s disease may become eligible for long-term disability benefits include: 

  • A teacher with Parkinson’s who experiences tremors and difficulty with speech making it challenging to communicate effectively with students and lead classes.
  • A construction worker whose rigidity, slowness of movement, and balance issues make it unsafe for them to operate heavy machinery or work on job sites.
  • An office worker who experiences cognitive changes, such as memory loss and difficulty concentrating that significantly impact their ability to perform their job duties.
  • A surgeon whose fine motor skills and coordination are compromised by Parkinson’s, making it impossible to perform delicate surgical procedures safely.

In each of these scenarios, the individual’s Parkinson’s symptoms have reached a point where they are no longer able to perform the essential functions of their job, even with reasonable accommodations. At this point, they may be eligible to start receiving long-term disability benefits if they stop working. 

Everyone’s situation is different, though; you may be unsure if you are eligible in your current stage. Please feel free to contact our Hamilton long-term disability lawyers at any time. We’ll review your situation and help you determine your eligibility. We’ll answer any questions you have about the process and provide our best legal advice – all free of charge. 

Does Parkinson’s Qualify for Long-term Disability Benefits?

As noted, Parkinson’s disease is a progressive neurological disorder that can have a profound impact on an individual’s ability to perform daily tasks and maintain employment. As the condition advances, it can significantly interfere with physical and cognitive functions, often making it difficult or impossible for someone to continue working in their chosen field. For those diagnosed with Parkinson’s, the question of whether they qualify for long-term disability benefits becomes critical. Understanding how insurers evaluate eligibility in terms of “total disability” is an essential first step in considering whether or not Parkinson’s qualifies for long-term disability benefits.

The First Test – the “Own Occupation” Definition of Total Disability

Under the “own occupation” definition of disability, an individual is considered disabled if their Parkinson’s symptoms prevent them from performing the essential duties of their specific job or profession. This means that the disability assessment is based on the individual’s ability to perform the tasks required of their current occupation, rather than any other job.

For example, consider a surgeon diagnosed with Parkinson’s disease. As the condition progresses, they may experience tremors, rigidity, and slow movement, making it impossible to perform delicate surgical procedures safely. Even if the surgeon could potentially work in another medical role, such as teaching or consulting, they would likely still qualify for long-term disability benefits under the “own occupation” definition because their Parkinson’s symptoms prevent them from performing the essential duties of their specific profession as a surgeon.

The Second Test – the “Any Occupation” Definition of Total Disability

The “any occupation” test in Canada is typically applied after the initial period of long-term disability (LTD) benefits, usually after two years.

Under the “any occupation” test, the insurance company will determine whether the individual is capable of performing any type of work for which they are reasonably suited by their education, training, or experience. If the person is still unable to work in any occupation that fits these criteria due to their condition, they can continue receiving LTD benefits. If the insurer believes the individual can perform some type of job, even if it is different from their previous occupation, benefits may be denied.

This shift in evaluation can often be a turning point in a long-term disability claim, as the criteria to qualify for continued benefits becomes more difficult to meet.

For instance, consider an accountant with Parkinson’s disease who experiences cognitive changes, such as difficulty with memory, concentration, and problem-solving. These symptoms may make it challenging for them to perform the complex calculations and data analysis required in their current role. However, suppose the accountant’s education, training, and experience reasonably qualify them for other positions, such as a bookkeeping or data entry role that does not require the same level of cognitive function. 

It’s important to note that the “any occupation” definition does not mean an individual must be able to perform any imaginable job. The assessment of disability under this definition should consider the individual’s education, training, and experience, as well as the availability of suitable alternative occupations in their geographic area. 

Unfortunately, many insurers use this change of definition to justify terminating long-term disability benefits, even if the claimant isn’t, in fact, able to work. This is when many begin searching for a Hamilton long-term disability lawyer, as appealing this decision is extremely difficult but possible with the right help and expertise. 

How do I Find a Parkinson’s Disability Lawyer Near Me? 

When facing the challenges of Parkinson’s disease and the need to apply for long-term disability benefits, it’s essential to have an experienced long-term disability lawyer on your side. A qualified Hamilton long-term disability lawyer can guide you through the complex application process, help you understand your rights, and advocate for the benefits you deserve. But how do you find the right lawyer for your needs? 

Suddenly needing a lawyer can feel stressful and overwhelming, especially when there are multiple options. The most important thing is to find a long-term disability lawyer with the right experience and attitude who you can trust. Begin your search with the following: 

Referrals 

One of the best ways to find a reputable ong-term disability lawyer is through referrals from trusted sources. Talk to friends, family members, or colleagues who have gone through the disability claims process and ask if they can recommend a lawyer they had a good experience with. You can also seek referrals from other professionals, such as your doctor, financial advisor, or local bar association.

Internet Search

An online search for “long-term disability lawyer” can provide you with a list of local attorneys specializing in this area of law. Look for lawyers with a solid online presence, including a professional website that outlines their experience, services, and approach to disability claims. Read through client testimonials, Google reviews, and case results to understand their track record and the types of cases they have handled successfully.

Disability Lawyer Directories

Several online directories are specifically designed to help individuals find qualified disability lawyers in their area. These directories, such as the Canadian Bar Association or the Ontario Trial Lawyers Association, allow you to search for long-term disability lawyers based on their location and area of expertise. 

What should I look for in a Disability Lawyer?

When evaluating potential Hamilton long-term disability lawyers, there are several vital qualities and qualifications to look for:

  • Experience: Choose a lawyer who has extensive experience handling long-term disability claims, particularly those involving Parkinson’s disease or other neurological conditions. An experienced lawyer will have a deep understanding of these cases’ medical and legal aspects and be better equipped to navigate the challenges that may arise.
  • Specialization: Look for a lawyer who specializes in long-term disability claims rather than a general practitioner who handles a wide range of legal issues. A specialist will have a more focused knowledge of the laws, regulations, and strategies specific to disability claims.
  • Compassion and Communication: Living with Parkinson’s disease and pursuing a disability claim can be emotionally and physically challenging. Choose a lawyer who demonstrates empathy, patience, and clear communication. You should feel comfortable discussing your situation openly and honestly with your lawyer and confident in their ability to keep you informed and address your concerns.

While most Hamilton long-term disability lawyers are dedicated professionals committed to helping their clients, there are some red flags to watch out for when selecting a lawyer:

  • Lack of experience or specialization in long-term disability claims
  • Poor communication or responsiveness to your inquiries
  • Pressure to make quick decisions or sign documents without a thorough explanation
  • Guarantees of success or promises of specific outcomes
  • Unwillingness to provide references or examples of past successes

What Questions can I ask a Disability Lawyer at our First Meeting?

When meeting with a potential Hamilton long-term disability lawyer, come prepared with a list of questions to help you gauge their suitability for your case. Some key questions to ask include:

  • How many long-term disability cases have you handled involving Parkinson’s disease or similar neurological conditions?
  • What is your success rate in securing benefits for your clients?
  • How do you communicate with clients throughout the claims process, and how often can I expect updates on my case?
  • What is your approach to handling denied claims or appeals?
  • How do you charge for your services, and what can I expect regarding costs?

Finding the right Hamilton long-term disability lawyer to help you navigate the challenges of pursuing long-term disability benefits is an important first step. The claims process can be complicated, and you should not attempt to negotiate with the insurance company alone. An experienced Hamilton long-term disability lawyer will speak to the insurer on your behalf and handle any obstacles they present.

How Much Does it Cost to Hire a Disability Lawyer? 

Understandably, many individuals are weary of hiring a long-term disability lawyer because it can be costly. However, we believe that everyone deserves fair access to quality legal representation. 

Our disability lawyers work on contingency. A contingency fee is a payment arrangement in which a lawyer agrees to represent a client without charging any upfront fees, instead receiving a percentage of the financial recovery only if the case is successful. This type of fee structure is common in disability cases, allowing clients to pursue legal action without bearing the burden of immediate legal costs.

Not only does this mean everyone can afford a lawyer, but it also means your long-term disability lawyer will be highly incentivized to prioritize your case and work hard for a successful outcome. 

Suffer From Parkinson’s and Denied Long-Term Disability? Contact our Long-Term Disability Lawyers Today, Located in Hamilton, Ontario – we Serve Claimants all over Canada.

Parkinson’s disease is a complex and progressively debilitating condition that can be overwhelming for both individuals and their families. The emotional and physical toll is significant, and accessing proper treatment and management is critical to maintaining a quality of life. Unfortunately, despite consistently paying premiums, insurance companies often challenge long-term disability claims. Securing the right support and resources is essential to navigate this difficult journey. Engaging a long-term disability lawyer can be crucial in ensuring you receive the benefits you are entitled to, providing the legal advocacy necessary to protect your rights.

Our Parkinson’s disability lawyers have extensive experience navigating the complex landscape of long-term disability benefits. We understand the tactics used by insurance companies, and we will ensure you are not taken advantage of. Your focus and priority should be on healing, recovering, and adapting. 

Call us today at 1-844-4-DISABILITY or send us an email through our website to set up your free consultation today. All calls are completely confidential and we will get back to you promptly. 

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Article FAQ

What is Parkinson’s Disease?

Parkinson’s disease is a progressive neurological disorder that primarily affects movement and motor control. It occurs when brain cells that produce dopamine gradually deteriorate, leading to symptoms such as tremors, rigidity, slowness of movement, and balance issues. If you or a loved one has been diagnosed with Parkinson’s disease and are struggling to maintain employment, a long-term disability lawyer can help you understand your options for securing long-term disability benefits.

How can Parkinson’s disease impact a person’s ability to work?

As Parkinson’s disease progresses, symptoms such as tremors, rigidity, slowness of movement, and cognitive changes can significantly impact an individual’s ability to perform their job duties. The stage at which a person may need to stop working depends on the severity of their symptoms, the nature of their occupation, and the rate of disease progression. A long-term disability lawyer can help individuals with Parkinson’s disease navigate the complex process of applying for long-term disability benefits when working becomes no longer possible.

What are the stages of Parkinson’s disease?

Parkinson’s disease is typically divided into five stages, each characterized by increasing levels of disability. Stage 1 involves mild symptoms that generally do not interfere with daily activities, while Stage 5 is the most advanced stage, characterized by severe disability and the need for constant nursing care. A Hamilton long-term disability lawyer can help individuals understand how the progression of Parkinson’s disease may impact their eligibility for long-term disability benefits.

Does Parkinson’s Disease qualify for Long-Term Disability?

Individuals with Parkinson’s disease may be eligible for long-term disability benefits when their symptoms prevent them from performing the essential duties of their job. The specific requirements for eligibility can vary depending on the type of disability insurance policy and the provider. A long-term disability lawyer can help individuals with Parkinson’s disease understand their policy’s definition of disability and gather the necessary medical evidence to support their claim.

What is the difference between “own occupation” and “any occupation” in terms of Long-Term Disability?

“Own occupation” disability means an individual is considered disabled if their Parkinson’s symptoms prevent them from performing the essential duties of their specific job. “Any occupation” disability is more stringent, meaning an individual is considered disabled only if their symptoms prevent them from performing the duties of any job for which they are reasonably qualified.

How can I find a disability lawyer near me?

To find a disability lawyer near you, consider seeking referrals from friends, family, or other professionals, conducting an internet search for “long-term disability lawyer,” or using disability lawyer directories. When evaluating potential lawyers, look for experience, specialization in long-term disability claims, and a compassionate and communicative approach.

What should I look for in a Long-Term Disability Lawyer?

When selecting a long-term disability lawyer, look for extensive experience handling long-term disability claims, particularly those involving Parkinson’s disease or other neurological conditions. Choose a lawyer who specializes in long-term disability claims and demonstrates empathy, patience, and clear communication throughout the process.

What are some red flags to watch out for when selecting a disability lawyer?

Some red flags to watch out for when selecting a long-term disability lawyer include a lack of experience or specialization in long-term disability claims, poor communication or responsiveness, pressure to make quick decisions without thorough explanations, guarantees of success, and unwillingness to provide references or examples of past successes.

How can a disability lawyer help me secure long-term disability benefits?

A long-term disability lawyer can guide you through the complex process of applying for long-term disability benefits, help you understand your rights, and advocate for the benefits you deserve. They can assist in gathering the necessary medical evidence, navigating the claims process, and representing you in appeals if your initial claim is denied. With the help of a skilled and experienced disability lawyer, individuals with Parkinson’s disease can focus on managing their symptoms and maintaining the best possible quality of life.

Is Parkinson’s disease hereditary?

While most cases of Parkinson’s disease occur sporadically, meaning there is no known cause, about 10-15% of cases are thought to have a genetic component.

How long does the long-term disability claims process typically take?

The duration of the long-term disability claims process can vary depending on factors such as the complexity of your case, the responsiveness of your insurance company, and the strength of your medical evidence. In some cases, the process may take several months or even longer if appeals are necessary.

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