wiki-banner-02

Long Term Disability for Hearing Loss: What You Need to Know

Disability Wiki.

Student doing a hearing test at the university

Hearing loss can be a life-altering condition that deeply impacts your life and ability to work, often in ways that are not immediately visible.  If you experience hearing impairment, securing long term disability (“LTD”) benefits can be essential for financial stability when your condition makes it difficult—or even impossible—to continue working.  However, navigating an LTD claim for hearing loss can be challenging, as insurers frequently question the severity of the impairment, the effectiveness of assistive devices, and your ability to adapt to other types of work.

Below we’ll explore common obstacles that those with hearing loss face when seeking LTD benefits and strategies to overcome these insurer denial tactics.  Whether you’re preparing to file an LTD claim or are in the process of appealing a denial, understanding these common challenges and solutions can increase your chances of securing the disability benefits you’re entitled to.

Is hearing loss considered a disability?

Yes, hearing loss may be considered a disability.  Hearing loss can greatly impact working professionals and high-wage earners, particularly in roles where clear communication, focused listening, and quick responsiveness are essential.  For these professionals, hearing impairments may create substantial obstacles that prevent them from performing the material duties of their occupation, which is a critical factor in qualifying for long term disability (“LTD”) benefits.

Here are some ways hearing loss may impact your ability to work:

    • Communication and Cognitive Demands: High-earning roles in fields like finance, law, and healthcare often require high-level cognitive demands, including precise communication, whether for client interactions, team collaboration, or critical decision-making.  Hearing loss can make it difficult to understand conversations, interpret spoken instructions, and process information, especially in fast-paced environments.  For instance, a financial advisor with hearing loss may miss crucial information in client meetings, or a doctor may struggle with patient communication, both of which are integral to maintaining job performance and safety.  Additionally, the mental strain of constantly focusing to hear accurately can lead to cognitive fatigue, further affecting productivity and decision-making accuracy.
    • Situational Awareness and Safety: For professionals in sectors requiring situational awareness, such as construction, transportation, and high-stakes decision-making environments, hearing loss can pose serious safety risks.  Without clear auditory cues, you may miss important alarms, signals, or warnings, putting yourself and others at risk.  In these settings, reduced situational awareness due to hearing loss may hinder job performance, and accommodating this impairment often proves difficult.
    • Limitations of Accommodations: While hearing aids, captioning, or other assistive tools can provide support, they often do not fully restore hearing in complex environments.  In professions requiring high levels of engagement, even minor gaps in hearing can result in misunderstandings, missed details, or compromised performance.  For example, a lawyer or executive who relies on verbal cues during negotiations may still find it difficult to interpret client or team feedback effectively, despite assistive devices.

Can I receive long term disability for hearing loss?

Yes, hearing loss can qualify you for long term disability (“LTD”) benefits, though eligibility typically depends on the severity of your impairment and how significantly it affects daily tasks and work responsibilities.  In most LTD policies, to qualify as a “disability,” your hearing loss must be severe enough to limit your ability to perform essential job functions or adapt to alternative work environments.  This often includes conditions like severe hearing impairment in both ears, profound sensorineural hearing loss, or other hearing conditions like tinnitus or Meniere’s disease that impact your ability to communicate, concentrate, and complete work safely.

Hearing loss that makes it difficult to understand speech, even with hearing aids or other assistive devices, may meet the threshold for LTD benefits if it interferes with your job performance.  For example, people working in jobs that require clear verbal communication, auditory attention, or specific safety standards may face particular challenges.  Many LTD insurers assess hearing loss by reviewing audiograms and functional impact statements from medical providers, so thorough documentation is essential.

If hearing loss impairs your work ability to the point where adjustments or accommodations cannot fully address your functional limitations, you may be eligible for LTD benefits.  Working with an ERISA attorney experienced in disability claims can significantly strengthen your claim and maximize your chances of approval.

 

What types of hearing loss are typically covered under LTD policies?

Free A Patient Having Ear Examination Stock PhotoMost long term disability (“LTD”) policies cover various types of hearing loss if they are severe enough to limit your ability to work.  The types of hearing loss typically covered under LTD policies include:

    • Sensorineural Hearing Loss: Sensorineural hearing loss is the most common form, often caused by damage to the inner ear (cochlea) or auditory nerve.  It is usually permanent and can result from factors like aging, exposure to loud noises, or certain illnesses.  Severe cases can make it difficult to understand speech, especially in noisy environments, even with hearing aids.  For LTD eligibility, sensorineural hearing loss must be severe enough to interfere with your essential job functions.  For example, if your profound hearing loss impedes communication, situational awareness, or responsiveness, you may qualify for benefits.
    • Conductive Hearing Loss: Conductive hearing loss occurs when sound cannot effectively travel through the outer or middle ear to the inner ear, often due to blockages, infections, or structural abnormalities.  While some cases are treatable, chronic or severe conductive hearing loss may persist and impact communication abilities.  If you experience chronic conductive hearing loss that substantially impacts your ability to perform tasks requiring clear auditory input, you may be eligible for LTD benefits.  This is especially relevant for those in environments where situational awareness or rapid auditory response is critical.
    • Mixed Hearing Loss: Mixed hearing loss is a combination of both sensorineural and conductive hearing loss.  This type can be complex to treat and often leads to significant functional impairments in both auditory processing and communication.  The combination of limitations from both types of hearing loss can make mixed hearing loss especially disabling, particularly for roles that require clear, consistent hearing.  If your impairment prevents adequate work performance, you may meet the criteria for LTD benefits.

Specific hearing-related conditions that may qualify for LTD benefits include:

    • Profound Hearing Loss: Severe or profound hearing loss in one or both ears can qualify for LTD benefits if it restricts basic work functions.  Many LTD policies recognize profound hearing loss as a significant barrier to employment, especially in roles requiring verbal communication or auditory processing.
    • Tinnitus: Chronic tinnitus, or constant ringing in the ears, can be debilitating and often coexists with hearing loss.  If your tinnitus interferes with your focus, concentration, or mental health to the point that it prevents effective work, it may support an LTD claim.
    • Meniere’s Disease: Meniere’s disease is a disorder of the inner ear that can cause vertigo, tinnitus, and progressive hearing loss.  The unpredictable nature of symptoms like dizziness and nausea may make it challenging for you to maintain consistent employment, especially in physical or safety-sensitive roles.
    • Auditory Processing Disorder (“APD”): APD affects the brain’s ability to process sound, making it difficult to understand speech, particularly in noisy environments.  While not always associated with hearing loss, APD can interfere with communication and comprehension, especially in high-demand work settings, and may qualify for LTD if it severely limits job performance.

To meet the eligibility requirements in most LTD policies, the severity of hearing loss or related conditions must typically interfere substantially with your ability to perform your occupational responsibilities.  Many LTD insurers look for documented evidence showing how your hearing loss impacts functional abilities, such as communicating effectively, remaining attentive, or responding to sound-related safety cues.

By clearly establishing how your hearing loss or related condition disrupts your ability to work, you can improve their chances of approval under an LTD policy.  We’ll discuss the types of evidence that can support an LTD claim for hearing loss in the next section.

How do I prove my hearing loss is disabling?

Proving a long term disability (“LTD”) claim for hearing loss requires proving your insurer with thorough documentation to demonstrate both the severity of your hearing impairment and its impact on daily and work-related functions.  This evidence helps establish that your hearing loss significantly affects your ability to perform essential job duties and maintain employment.

Proving Hearing Loss Disability with Medical Evidence

Medical documentation and diagnostic testing are foundational to an LTD claim based on hearing loss.  These tests establish the type and extent of hearing impairment and provide concrete evidence of its impact on the claimant’s abilities, including:

    • Audiologist Reports: Reports from a licensed audiologist provide a professional assessment of the type, cause, and severity of your hearing loss.  Audiologists can also explain how your impairment affects functions like communication, comprehension, and response to auditory cues.
    • Audiograms: An audiogram is a standard test that measures hearing ability across various frequencies.  It quantifies hearing loss and can demonstrate how auditory limitations affect your daily activities and prevent you from working, especially in settings requiring clear communication or quick responses to sound.
    • Speech Recognition Testing: This test measures the ability to understand spoken words, especially in noisy environments.  Results from speech recognition tests can highlight functional limitations in work environments where understanding verbal instructions is essential.
    • Vestibular Testing: Vestibular tests assess balance, which may be affected in cases of inner ear disorders like Meniere’s disease.  Tests such as videonystagmography (“VNG”) document symptoms like dizziness and balance issues, showing that hearing loss may impact both auditory and physical functioning.

Physician statements play a crucial role in clarifying the medical significance of hearing loss and how it impacts your life and work.  These statements often come from primary care physicians or ear, nose, and throat (“ENT”) specialists who can provide detailed insights into the effects of the impairment.

    • Primary Care and ENT Specialist Statements: Primary care doctors or ENT specialists can provide your insurer an overview of your hearing loss diagnosis, expected progression, and explain how your condition prevents you from performing essential job duties, such as following verbal instructions or participating in meetings.
    • Functional Impact Statements: Physicians and audiologists may also submit statements that describe how hearing loss impacts your overall functioning, including effects on concentration, social interactions, and emotional well-being.  Functional statements like these illustrate the broader life impact, reinforcing that your hearing loss is substantial enough to qualify as a long term disability.

Proving How Your Hearing Loss Impacts Work Performance

Businesswoman talking on mobile phone while working on laptop in the officeEstablishing the impact of your hearing loss on work performance is key to a successful LTD claim.  Vocational evidence can be used to demonstrate to your insurer how your hearing loss affects your ability to fulfill job requirements or transition to other work roles.

Vocational evidence to support your hearing loss LTD claim may include:

    • Vocational Assessment: A vocational assessment conducted by an expert can evaluate how hearing loss restricts your ability to perform specific job tasks and can identify barriers to alternative employment options.  This assessment helps refute potential arguments from your insurer that you can work in a different role.
    • Job Description and Resume: Including your employer’s official job description can detail your role’s specific tasks and responsibilities.  This provides your insurer with a fuller picture of your occupational demands, both physical and cognitive, as well as your education, background, and training.
    • Records of Workplace Accommodations or Limitations: Documentation of any accommodations offered by the employer, such as modified communication methods, or records showing that accommodations were not sufficient to enable effective work, can further support your LTD claim by illustrating the limitations posed by the hearing loss.

Proving How Hearing Loss Affects Your Daily Living Activities

LTD claims for hearing loss often require documentation of how your impairment affects not only work abilities but also your daily living activities.  Functional Capacity Evaluations (“FCE”) and other documentation can help provide a comprehensive view of your condition’s impact on your everyday life.

    • Functional Capacity Evaluation (“FCE”): A Functional Capacity Evaluation assesses your physical and cognitive ability to perform both daily tasks and work-related activities.  For hearing loss claims, FCEs can document challenges with tasks requiring auditory processing, underscoring how these limitations affect your daily functioning and work.
    • Personal Statements and Symptom Diaries: You may submit a personal statement and daily symptom logs detailing how your hearing loss impacts your daily life.  For example, difficulties with basic tasks like using the phone or understanding conversations in noisy environments can highlight how your impairment affects your overall quality of life.
    • Statements from Family, Friends, or Coworkers: Statements from family members, friends, or coworkers provide insight into how your hearing impairment affects your ability to interact and function in real-world settings.  These statements reinforce the impact of hearing loss by offering observations of its effects on everyday activities and social interactions.

In LTD claims for hearing loss, comprehensive documentation is essential for proving that your impairment substantially limits your work capabilities.  By combining detailed medical evidence, functional assessments, and vocational documentation, you can build a strong case that your hearing loss is severe enough to meet the criteria for long term disability benefits.

 

What are common challenges in getting LTD benefits for hearing loss?

Securing long term disability (“LTD”) benefits for hearing loss can be challenging, as insurers often scrutinize hearing loss claims carefully.  You may encounter skepticism from your insurer regarding the severity of your impairment and the extent to which it impacts your work capacity.

Here’s a closer look at these frequent issues and how medical evidence and legal assistance can help strengthen your claim:

    • Insurer Skepticism About the Severity of Hearing Loss: One of the most common challenges in obtaining LTD benefits for hearing loss is convincing insurers of the severity of your impairment.  Insurers may question the extent to which your hearing loss limits daily functioning and work performance, especially if your hearing loss does not appear severe on paper or if it varies under different conditions.  Claims based on partial or moderate hearing loss may face additional scrutiny, as insurers may argue that your condition is not disabling enough to warrant LTD benefits.
    • Impact of Hearing Aids and Assistive Devices on the Claim: Insurers often argue that hearing aids or other assistive devices should mitigate the effects of hearing loss enough for you to work.  If you use hearing aids, cochlear implants, or assistive technologies, your insurer may assert that these devices sufficiently restore your hearing capacity to enable work.
    • Appropriate Treatment Requirements: Insurers generally expect you to have pursued appropriate medical treatment for your condition, and they may deny a claim if they believe you haven’t taken necessary steps to improve your hearing. Your insurer may require evidence that you have tried various treatment options, such as using hearing aids, attending auditory therapy, or exploring surgical options like cochlear implants.  However, some treatments may be too invasive, risky, or unsuitable for certain individuals, yet insurers may still insist on these options without fully considering their potential drawbacks .
    • Denial Based on Perceived Ability to Work in Another Capacity: Another challenge often faced by those with hearing loss is an insurer’s assertion that they can work in another capacity. Your insurer may argue that although you cannot perform your current job, you could work in a different, less demanding position. This argument is particularly common in claims where the hearing loss does not seem to prevent all forms of employment.

Medical evidence is crucial in overcoming these common challenges. Detailed audiologist and physician reports, treatment records, and results from Functional Capacity Evaluations provide objective data to counter insurer skepticism. Legal assistance from an experienced ERISA disability attorney can further strengthen your claim by ensuring that your evidence is thorough, organized, and presented in a way that clearly addresses your insurer’s concerns. Attorneys familiar with LTD claims understand common objections from insurers and can anticipate challenges, positioning you for a more favorable outcome.

How can an attorney help with an LTD claim for hearing loss?

With over 30 years of experience in securing long term disability (“LTD”) benefits, Riemer Hess has successfully helped many clients with hearing loss win their claims.  Our attorneys understand the unique challenges faced by professionals whose hearing impairments prevent them from performing their essential job duties.

Here is one example of a client with hearing loss who we helped secure LTD benefits:

“Rose,” a highly skilled pharmacist, had been managing prescriptions and patient care successfully for years when she began experiencing profound hearing loss in both ears, accompanied by constant tinnitus.  Her hearing impairment made it increasingly difficult to hear patients and colleagues clearly, posing serious risks in her role.  Understanding she needed to leave work and file for disability with her insurer, she initially managed to secure LTD benefits on her own.  However, when her benefits were reviewed at the “any occupation” stage, the insurer cut her off, claiming that she could perform the role of a “telephonic pharmacist” from home.

When Rose turned to Riemer Hess for help with her appeal, our attorneys immediately recognized the insurer’s reasoning was flawed and set out to demonstrate how her condition made telephonic work unsafe and unfeasible.  First, our team established that, even if remote jobs were available, amplification devices like caption phones would not address Rose’s unique hearing challenges.  Since her impairment affected clarity rather than volume, this made it difficult, if not impossible, for her to accurately distinguish critical drug names—a key aspect of her role that, if misinterpreted, could pose significant safety risks for patients.  Additionally, Riemer Hess challenged the insurer’s reliance on a doctor’s opinion who was not a hearing specialist and obtained updated, relevant testing from an audiologist to provide an accurate assessment of Rose’s limitations.

Through a strategic approach, Riemer Hess solidified Rose’s case by gathering powerful vocational evidence.  Riemer Hess referred Rose to a vocational expert who conducted a labor market survey, demonstrating that even if Rose could perform the duties of a telephonic pharmacist, there were no realistic roles in her area that could safely accommodate her hearing impairment.  Additionally, the vocational expert highlighted the critical tasks and safety risks involved in Rose’s job, reinforcing that her condition precluded her from performing these essential functions.

As a result of this thorough and targeted approach, Rose’s LTD benefits were reinstated, giving her financial security and peace of mind.  Relieved and grateful for the successful outcome, Rose chose to retain Riemer Hess to monitor her LTD claim going forward.

 

At Riemer Hess, our experienced ERISA attorneys understand the disability insurance claim process and what your insurer will look for, whether you’re filing a claimappealing a wrongful denial, or looking to litigate with your insurer.  To arrange for a consultation with lawyers at Riemer Hess, call us at 212-297-0700 or click the button below to schedule an exploratory call.

Ready to Talk?
New Call-to-action
leave work protected nyc long term disability attorney

Receive Latest Posts

Popular Posts