×
Menu
Search

ALS

genpg-cont-law-lft-img

Amyotrophic Lateral Sclerosis (ALS): A Debilitating Neurodegenerative Disease Impacting Full-Time Work

Amyotrophic Lateral Sclerosis (ALS), often referred to as Lou Gehrig’s disease, is a progressive neurodegenerative disorder that affects nerve cells in the brain and spinal cord. It gradually impairs the motor functions of the body, leading to a wide range of physical disabilities. ALS is a debilitating condition that not only affects an individual’s personal life but also has significant implications for their ability to engage in full-time work.

ALS primarily affects the motor neurons, which are responsible for transmitting signals from the brain to the muscles throughout the body. As the disease progresses, these motor neurons gradually degenerate and die, leading to a loss of muscle control and function. The initial symptoms of ALS may include muscle weakness, twitching, and cramping, which can be easily overlooked or attributed to other causes. However, over time, these symptoms worsen, resulting in difficulties with speaking, swallowing, and breathing.

ALS typically progresses relentlessly, gradually spreading from one part of the body to another. It is classified into two types: sporadic ALS, which is the most common form, and familial ALS, which is inherited. The rate at which the disease progresses varies among individuals, but in general, ALS leads to increasing levels of disability over time.

The Impact of ALS on Full-Time Work

  1. Physical Limitations: As ALS affects the muscles, individuals with the disease often experience significant physical limitations. This can include difficulty with fine motor skills, such as writing or typing, making it challenging to perform tasks that require precise movements. Moreover, the progressive weakness and loss of muscle control may hinder one’s ability to carry out physical activities, including lifting, standing, or walking for extended periods. These limitations can make it increasingly difficult to meet the physical demands of many full-time jobs.
  2. Communication Challenges: As ALS progresses, it can impair speech and vocal control, making communication increasingly arduous. Speech difficulties, such as slurred or slow speech, can impede effective communication with colleagues, clients, or customers. 
  3. Eating and Drinking: The weakening of the muscles responsible for swallowing can lead to problems with eating and drinking, further impacting an individual’s ability to sustain themselves during working hours.
  4. Fatigue and Energy Drain: ALS often causes extreme fatigue and exhaustion due to the energy expended by the body to compensate for muscle weakness. This fatigue can be overwhelming, and individuals may require frequent breaks or rest periods throughout the day. Maintaining the stamina necessary for full-time work becomes increasingly challenging as the disease progresses, impacting productivity and the ability to fulfill job responsibilities effectively.
  5. Cognitive Changes: While ALS primarily affects motor functions, it can also lead to cognitive changes in some individuals. This condition, known as ALS-related frontotemporal dementia (ALS-FTD), may result in difficulties with decision-making, problem-solving, and memory. These cognitive impairments can hinder an individual’s ability to perform complex tasks and may necessitate adjustments in their work environment or responsibilities.
  6. Emotional and Psychological Impact: Living with a progressive and debilitating disease like ALS can have a profound emotional and psychological impact on individuals. Dealing with the physical limitations, uncertainty, and the gradual loss of independence can lead to increased stress, anxiety, and depression. These emotional factors, in turn, can affect one’s ability to cope with the demands of full-time work and maintain consistent performance.

Demonstrating ALS Restrictions and Limitations to Insurance Companies

Insurance companies are looking at the extent to which you have restrictions and limitations that keep you from working. Because of this, a diagnosis of ALS alone will not be disabling to them. They want to see specifically what you are experiencing that prevents you from working.

  1. Consult with Medical Professionals: The first step in building a solid case is to consult with medical professionals who specialize in ALS. Neurologists, physiatrists, and other healthcare providers familiar with the disease can thoroughly assess your condition and provide detailed documentation of the symptoms, progression, and impact on your ability to work. Their professional opinions and medical records play a vital role in supporting your claim. You are also required under your disability insurance policy to be under the “regular” care of a physician, so routine visits will be important to meet this criterion as well.  Obtain copies of your medical records to ensure that your doctors are accurately recording what you tell them.
  2. Keep a Diary of Your Disease Progression: Keeping a comprehensive record of your ALS symptoms and their progression is essential. Document the date of onset, the specific symptoms experienced, and how they have affected your daily life and work performance. Be sure to include details on muscle weakness, difficulties with mobility, speech impairments, swallowing challenges, fatigue, and any cognitive changes you may have noticed. Keeping a daily or weekly symptom diary can be invaluable in demonstrating the functional limitations imposed by ALS. Record the difficulties you encounter, the assistance required, and the impact on your work tasks. Include instances where you were unable to complete certain activities or had to modify your work environment to accommodate your condition. This diary serves as a detailed account of the challenges you face and adds a personal perspective to your case.
  3. Functional Capacity Evaluation (FCE): An FCE is an assessment conducted by an occupational therapist or physiotherapist to evaluate your physical abilities, limitations, and restrictions. This evaluation measures your functional capacity and provides objective data on your ability to perform work-related tasks. It can include tests for strength, endurance, range of motion, coordination, and dexterity. The FCE report can serve as valuable evidence to support your claim by demonstrating the specific limitations ALS imposes on your ability to work.
  4. Vocational Assessment: Engaging the services of a vocational expert can be beneficial in determining how ALS affects your capacity to perform specific job tasks. A vocational expert can evaluate your education, work history, skills, and the functional limitations imposed by ALS to assess whether there are alternative job opportunities that may accommodate your condition. Their assessment can provide additional evidence to support your claim for work restrictions.
  5. Collect Supporting Documentation: Gather any relevant medical records, diagnostic test results, and reports from healthcare professionals involved in your care. This includes neurologists, speech therapists, respiratory therapists, and any other specialists you have consulted. Additionally, obtain statements from coworkers, supervisors, or clients who have witnessed the impact of ALS on your work performance. These testimonials can provide firsthand accounts of how the disease has affected your ability to fulfill job responsibilities.
  6. Seek Legal Assistance: Navigating insurance claims can be complex, and having professional legal assistance can greatly enhance your chances of a successful outcome. An attorney specializing in disability insurance claims can guide you through the process, ensure that your rights are protected, and help present your case effectively to the insurance company.

Experienced Help for ALS Claims

When living with ALS, it is essential to provide compelling evidence that demonstrates the restrictions and limitations imposed by the disease, precluding full-time work. Consult with medical professionals, maintain detailed documentation, undergo functional capacity evaluations, engage vocational experts, gather supporting documentation, maintain a symptom diary, and consider seeking legal assistance. By presenting a comprehensive case, you can increase the likelihood of a favorable outcome and obtain the financial support you need to navigate the challenges of ALS while focusing on your well-being.

We’re here to help

Roadmap to Resolution

page_content-innr-lft-img
Experience

Our attorneys have decades of experience with insurance litigation and an unparalleled track record of success.

Integrity

Your trust is important to us. From our first consultation through litigation, we will be transparent with you, and we will hear you every step of the way.

Quality

We are one of the rare firms that can provide first-hand knowledge of how your insurer thinks and reacts, and has consistently prevailed in some of the most complex and high value insurance disputes seen in ERISA and non-ERISA litigation.

Strength

Our attorneys trained at some of the most aggressive large law firms in the world. Though we believe there are usually better ways to litigate and resolve disputes, our opposition does not always agree. When necessary, we are masters of unrelenting, tenacious litigation. When you hire us, you turn the insurer’s previous weapon against it.

Compassion

We do this work because we want to be here, for you. We understand what you have been through, and that everyone has times where they need support. One of the strongest steps for yourself and your family is to ask us for help. Together, we’ve got this.

What Our Clients Have To Say

img

Schedule A Consultation

Helping clients in California, Oregon, Washington, Nevada, and Arizona.