Finding the answers to serve clients in disability law in 2022

The team at MK Disability Lawyers shared their insights on a myriad of issues during a busy year of representing their clients.

Partner Leanne Goldstein started 2022 off by explaining that having a diagnosis in a disability claim does not automatically lead to benefits nor does the lack of one necessarily mean you are not entitled to file a claim. Proving a disability claim can be daunting even with a diagnosis

In February, partner  Rupa Karyampudi noted that while psychedelic drug-assisted therapy is proving to be effective in treating mental health issues, getting insurance provider approval for its use will likely be a challenge for claimants. Research shows the benefit of psychedelic drug therapy

The next month partner Courtney Mulqueen told long-term disability claimants that it is important to remember that they have options when the insurance company wants to cut them off from their benefits. Don’t give up when your disability claim has been denied

In April, Goldstein said artificial intelligence can be a boon to the legal profession but care must be taken to ensure it is being used correctly and in the right circumstances. Important to understand how AI fits in the legal profession

A rise in mental health issues during the COVID-19 crisis resulted in a “shadow pandemic” and many people are not getting the help they need and deserve, Karyampudi commented the next month. Mental health ‘shadow pandemic’ may be an issue for years

Mulqueen said in June that she has noticed an increase in the use of surveillance in an effort to disprove teachers’ disability claims even though the practice has “no real probative value.” Surveillance an ineffective way to disprove a disability claim

In her next post, Goldstein said that with some considering medical assistance in dying because of the financial burdens of living with a physical or mental disability governments have an obligation to provide more support in an effort to prevent unnecessary suffering and death. Access to assisted dying program expanding. Is that really wise?

In August, Karyampudi spoke about the challenges of representing clients who are neurodivergent in long-term disability insurance claims. Understanding is vital when representing neurodivergent clients

As claims for invisible conditions such as long-COVID and mental health issues continue to rise, insurers need to start giving people and their care providers the benefit of the doubt when it comes to assessing their cases, Courtney explained in her next post. People with invisible disabilities deserve trust, understanding

In her October post, Goldstein said insurance providers would be wise to pay heed to a $1.5-million punitive damage award given to a long-term disability claimant in her prolonged battle for benefits. Jury award could be a positive sign for insurance claimants

In November, Karyampudi noted the link between chronic pain and mental health issues is often marginalized or ignored, especially when it comes to long-term disability claims. Strong connection between chronic pain and mental health issues

Mulqueen ended the year by noting the shortage of family doctors is impacting both patient care and the ability of those hoping to prove their disability claims. Family doctor shortage can impact the ability to prove disability claims