If you suffer from a long-term disability that prevents you from working, you may need to file an insurance claim. A long term disability lawyer can help you navigate the process and pursue all available options, including appealing a denial.
Whether you have a group long term disability insurance policy through work or individual long term disability coverage, your claims are governed by a set of rules that vary depending on the specific policy and the law in your jurisdiction. Most group long term disability policies are governed by ERISA, which is a federal law that requires extremely detailed procedures for filing claims and appeals.
The ERISA regulations are designed to protect the rights of people who have disability benefits provided through their employer’s group long term disability plan. However, they can also be a challenge for someone who is unfamiliar with the laws and the processes.
A seasoned long term long term disability lawyer understands the rules and can ensure that the insurer is treating your case fairly, and not trying to take advantage of you in some way. They can spot and document any violations that the insurance company may be making to avoid paying your benefits in a timely manner, and they can use that information when filing an appeal on your behalf.
An experienced long term disability attorney can provide legal advice and guidance during the entire claims process, from submitting the initial application to the insurance company to requesting medical records and evaluating your ability to work. They can also assist you in obtaining additional medical evaluations and assessments to strengthen your claim, or provide you with referrals for other specialists who can perform more in-depth assessments.
When you are pursuing a claim for long-term disability, you should always follow the instructions in your policy. Otherwise, you could miss important deadlines that may cause your claim to be denied.
In some cases, the insurance company will ask you to sign authorization forms that allow them to obtain your personal information. They may also hire private investigators to investigate your past to collect evidence that they can use to discredit your long-term disability claim.
You should never sign any consent forms that do not include a full explanation of how your personal information will be used. If you do not understand the implications of signing these forms, you should speak with an ERISA lawyer as soon as possible.
There are often loopholes in these types of contracts, and the insurance company may try to exploit them. For example, they may attempt to get you to sign an authorization form that allows them to investigate your past to discover any other sources of income, such as annuities, that can be used to support your claim.
Another common way that long term disability insurance companies try to undermine your claim is by misrepresenting the details of your illness or injury. They can make it sound like you have a serious medical condition that prevents you from working for a long time, when in fact, you only have a partial disability. This can lead to your benefits being paid lower than they should be, or even denied entirely if you do not have sufficient medical evidence.