Havana Syndrome - What We Can Learn As Disability Insurance Lawyers
An Article Written by My Disability Attorney
As you may already know, I am on disability with the Diagnosis of “Havana Syndrome” that used to be recognized as “Acquired Neurosensory Dysfunction”, and most currently categorized as NKBI (Non-Kinetic Brain Injury).
My disability attorney, Jason Newfield, recently published an article “Havana Syndrome - What We Can Learn As Disability Insurance Lawyers”
Below is Jason’s article:
“Prior to the 60 Minutes episode Sunday evening, most people had never heard of Havana Syndrome. This multi-system condition, called by many Havana Syndrome, was a previously mysterious illness, one whose existence was largely denied by the government, and whose cohort of sufferers was deemed limited to governmental officials working in Cuba, Russia and other hostile territories. It is actually broader - and effects others than those identified in the report. The 60 Minutes broadcast focused on the hostile nation nature of this directed energy weaponry utilized; our focus is on the people who suffer from this insidious condition - not from the source.
Having recently represented a claimant suffering from acquired neurosensory dysfunction (called by some Havana Syndrome), we are able to appreciate the dire situation faced by those brave patients who appeared on television to share their story. It also provides a valuable lesson for all disability attorneys where we have clients who suffer "invisible" or strangely manifesting, or otherwise unexplainable conditions or symptoms. To combat those situations, we focus on the functional deficits and limitations that impact and impair someone in their ability to perform their work. This will not necessarily be condition specific, but a strategic approach to developing claim support. Here, with this strange condition, that approach had success.
Our client's disability insurance claim was denied by Lincoln, who claimed that he did not suffer from Havana Syndrome, as he was not within the cohort of potential people who might be exposed to the weaponry causing this condition. They were dismissive of the science, and the support provided by our client's doctor, who had written about Havana Syndrome and was familiar with the issues, on a much broader level than the doctor engaged by Lincoln to say no. Despite suffering from the array of symptoms, headaches, vertigo, dizziness, nausea, and memory issues, Lincoln would not acknowledge the impairment.
To support the claim, we simply viewed it as any other condition where evidence was needed to support functional deficits. We therefore had our client undergo neuro-cognitive testing, which revealed marked deficits in his ability to process information, memory, and other problems. We developed additional evidence to demonstrate the impact of the tinnitus sounds he constantly battled, and developed support for his balance deficits, to prove physical impacts on top of his cognitive limitations. We then utilized these objective and clinical findings, and other evidence, to support his impairment, and secure his benefits”
I am grateful to have my highly skilled disability attorney Jason Newfield sharing his expertise on this controversial topic. He was instrumental in my obtaining disability with the diagnosis that our government does not even recognize in civilians like myself. The legal firm’s website is newfieldlawgroup.com
Mr. Newfield will also be a speaker at the upcoming symposium “Legal Aspects of the Targeting Program” that will take place on June 7th at 12 PM ET. See more information below.
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