Some workers choose to purchase long-term disability insurance so that they will be financially protected in the event that they suffer from a disabling event that prevents them from going back to their former jobs. If you have this coverage and have made a claim, you might be unpleasantly surprised if your company denies it. The experienced disability attorneys at Osterhout Berger Disability Law are available to help residents of Fort Myers, Florida with appealing denials of their long term disability insurance claims.
Appealing a Denied LTD Claim
Companies that decide to deny claims are required to notify the claimants via letters mailed to their homes. If you are denied and receive a notice, it is important that you read it carefully. The letter must list the reasons that the company relied on to deny you. It must also tell you that you have a right to appeal and tell you the steps that you must take to do so. Most insurance companies have at least one internal appeal process level, and many have two. You must exhaust your company’s internal appeals before you can sue it in court.
Things to Keep in Mind
There are some common mistakes that you should avoid because they can be fatal to your claim and appeal. Don’t miss the deadline for appealing your company’s decision. If you do, you will be barred from trying to recover benefits from it later on for your condition. Don’t fire off your appeal without first requesting your file and reading its contents. Your claim file will include everything that the company used to deny you, and you’ll want to see what is in it.
It is very important for you to consider getting legal help from one of the experienced lawyers at Osterhout Berger Disability Law. This may increase the chances of your success. Keep the communication about your claim between you and the company to writing, and try to avoid talking to your company as much as possible over the phone. Photocopy everything you send and receive so that you have a record of it. If you send any documents to the company, do so with return receipt, certified mail. Finally, don’t make the mistake of exaggerating the extent of your condition and symptoms. Doing so may backfire. Insurance companies have substantial experience with disability claims, and they may easily see through efforts to exaggerate symptoms. If you lie, the company may decide that you are malingering, and you may then find it very difficult to win your appeal.
Getting the Benefits you Deserve
When you schedule your first appointment with the experienced legal team at Osterhout Berger Disability Law, gather all of the documents that are relevant to your claim, including all correspondence, your denial letter and your claim file copy. Bring everything in with you. Your attorney will analyze all of the documents and then make recommendations to you about how to best proceed. It is important that you listen to what your attorney advises and follow through. Our experienced attorneys know what insurance companies consider when they decide whether or not to grant appeals and claims, and your lawyer will recommend that you do the types of things that will enhance your chances of winning.
You might be asked to submit to additional medical and functional evaluations or to get more tests completed. This is because you are limited to the evidence that is contained in your file for all of your appeals. Adding favorable evidence to your file can only help your chances.