Filing a disability claim is like hitting a moving target. It can be extremely overwhelming and irritating. Usually, you've been paying for disability insurance as a precaution, and now that you need to take advantage of it - there is no end to a rabbit hole you feel like you’re tumbling down. Disability insurance companies are becoming notorious for denying claims and minimizing any kind of payout. Many of these companies have highly trained claim reviewers that will comb through every document to try to find a way to vanquish your claim – and more times than not they succeed.
There are several ways an insurance company may try to get you to hang up your hat when it comes to filing an appeal after your claim is denied.
One tactic disability companies use is changing the definition of disability or using a vague definition of disability in your policy. An example of this in practice is when a denial letter states "a claimant is disabled if they are incapable of performing all of their essential job tasks." However, your policy says, "a claimant is disabled if they are incapable of performing at least one of their essential job tasks." The insurance company is hoping you won't notice this switcha-roo, and you will be too frustrated to push forward with your appeal. This subtle shift in language is why it is essential to consult with an experienced disability attorney about your claim.
Another common reason your claim may be denied is due to a lack of objective evidence.
Claim reviewers often find there is a lack of this objective evidence and use it as the reason for denying your claim. It is very important to make sure you have accurate supporting medical evidence that specifically describes your injury or illness, the way you received the injury or illness, and how it impacts your daily life. Objective evidence could include x-rays, lab reports, your medical records, and physician notes.
Here are some important tips to improve your chances when filing your claim or appeal for long-term disability.
When possible - communicate in writing with your insurance company. If there is ever a circumstance where you have a phone conversation, follow up that conversation with a summary email stating everything that was discussed. Another measure you can take is to make sure you follow the treatment plan prescribed by your doctor. This is very important in the instance that you do not follow the treatment plan, there will be no way to accurately determine if your condition prevents you from working, or if you would have recovered had the treatment plan been followed correctly. Thorough documentation of your conversations with your insurance company and of your medical visits and treatment plans could be the difference in winning your claim or appeal!
If you have already filed a claim and received a denial letter, you know just how overly complicated and stressful this task can be.
Denial letters can be extra tricky and difficult to understand. Insurance companies want to make this process as burdensome and time consuming as possible, so you give up.
Just remember, this does not have to be the end of the road.
You owe it to yourself to get the help you deserve - now we get to the GOOD - that is what I am here for. If your initial claim was denied, you have the right to appeal. However, there are strict deadlines that apply.
You only have a specific time frame to appeal after receiving notice of your claim denial. Usually 180 days.
Don’t wait! Call us and our legal team will review your denial letter for FREE. To use this offer, call Marcus Vaden Law at 501-354-4577, and we will help decipher the language the insurance company used in your denial letter.