Market Insider By Peggy Chan 630 Views

Did Your Insurance Company Deny Your Disability Claim?

It’s not uncommon for an insurance company to deny a victim their long-term disability benefits even after diligently paying the premiums. This is one of the reasons why it’s always best to hire a personal injury lawyer to help you fight your long-term disability claim. The filing process can be frustrating and time-consuming; a lot of evidence will be required to prove your disability. The thought of fighting an insurer on your own can be very intimidating. But you don’t have to go through this process alone.

 Hiring a lawyer can help increase your chances of success and resolve the disability claim as fast as possible so you can begin the journey towards recovery. Choosing to do this yourself has potential risks such as missing deadlines or submitting an incomplete application that jeopardizes your chances of getting your disability benefits.  If you or a loved one has been denied a claim, you must understand your rights and know what actions to take. A long-term disability lawyer can provide a wealth of expert knowledge, which you need to achieve a successful outcome.

Was your initial claim properly filled?

One mistake that victims and their families make is filing a claim that lacks accurate information especially regarding the evidence. Ensure that you include adequate information that proves your injuries as well as important details regarding your work history and the nature of employment. It’s this information that will solidify your claim and ensure you receive the benefits you are entitled to.

3 critical areas that will be evaluated before approving your claim include:

  • Medical records: This should include details about the diagnosis treatment and long-term prognosis of your injuries.
  • Employment details: You need to attach proof of employment, income as well as your work history.
  • Information about your job: This involves your day-to-day tasks at work. You may even attach a description of your job from your employer or supervisor.

If you feel like your initial claim lacked all the required information, speak to a longterm disability lawyer. The lawyer will review the claim and highlight the shortcomings then build a strong appeal for you.

Reviewing your medical history

A detailed medical history can be very valuable especially if you are seeking retroactive benefits from your insurer. The opinion of your doctors is very critical. Disability programs are not only concerned about the opinion of the doctor who is currently treating you. They are also interested in the opinion of your primary physician who has seen you for a longer period, as he/she is more likely to understand your medical history better. There’s a high chance that your physician was the first one to treat the issue before referring you to a specialist.

Restrictions and limitations caused by your disability

Medical reports should contain information regarding your capacity to perform certain types of work. If the disability has resulted in restrictions or limitations that hinder your work ability, ensure it’s clearly highlighted by your doctor in writing. Specific details about your disability such as how it has affected your ability to concentrate at work, understand instructions, walk, stand and speak for longer periods can be crucial in your disability claim. Excluding these important restrictions can prevent you from getting the benefits you’re entitled to.

Treatment by a licensed physician

The disability program may not consider certain specialists as physicians. For instance, if you present medical records from physical therapists, psychologists or chiropractors, they may not be considered in your disability program. That’s why it’s very important to understand a program before signing up. Some programs only allow medical reports from particular types of specialists. Records from orthopedic surgeons, psychiatrists, optometrists among other licensed medical specialists are always considered very helpful. If you had a long hospital stay, include this when filing a claim. In any instance where a licensed physician treated you, you need to provide the records when filing a claim.

Is your illness on going and consistent?

If you have had an on-going and consistent illness, medical records to show this can be very helpful. The physician may have recommended examinations such as:

  • Blood and urine analysis
  • MRIs and X-rays
  • Laboratory tests

The results of all these tests can help to prove that you have an on-going disability. The physician should provide an account of your diagnosis. If you have been on any medication and are at risk of side effects, make sure this information is recorded by your treating physician and presented when filing the claim.

Medications can have serious side effects such as fatigue and pain that prevents you from performing well at work. Your lawyer can use this information to prove your disability. The extent to which you should provide information regarding your scope and treatment will depend on the scope of your disability.

 Do you suspect unfair treatment?

Insurance companies may employ unfair tactics to deny your claim. Insurance adjusters are in business and most are concerned about saving the company money. Some examples of unfair tactics commonly pursued by insurers include:

  • The insurer terminated the policy without reason or notice
  • The insurer failed to disclose the terms of the policy
  • Insurance companies that change the disability requirements or policy guidelines
  • Insurance companies that claim you don’t meet the policy standards to qualify for disability benefits.

If any of the above sounds familiar, reach out to a disability lawyer to assess the claim. Ensure you keep all the records of the unfair treatment. Avoid taking matters in your hands and arguing or making accusations against the insurance company.

Ask for a written decision

If an insurer denies your disability benefits, ask them to provide a written letter explaining the denial in detail. You can share this letter with your lawyer who will evaluate the reasons given and determine if you have a case. A written document gives you more information on why your claim was denied should you decide to appeal the decision.



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