What You Need to Know About Long-Term Disability Claims
September 10, 2018 by GKwriter
Dealing with an injury can be difficult, but when it has lasting effects on your wellbeing, it can be life altering. This is where a long-term disability claim comes into play and can be an important aspect of your road to recovery.
Long-term disability claims can be from a car accident, illness, surgery mishap or other injury type. Generally long-term disability is handled through a policy with your employer.
Benefits kick in after a certain time period of you being disabled, generally six months. The benefits generally pay a percentage of your salary at the time of injury until you reach a certain age.
However, some insurance companies are slow to respond to long-term disability claims, delaying benefits and making it difficult to pay your bills. With the help of an attorney, you can ensure that you receive the benefits that you paid into and are rightfully yours.
Submitting proof of disability
If you haven’t already, you’ll want to be sure you submit proof of your disability to the insurance company. A report from your medical professional should prove this. Be sure that it documents well why you cannot return to work.
You may be subjected to a physical conducted by the insurance company’s doctors to ensure your doctor’s reports are accurate.
An important aspect of proving a disability claim is following your doctor’s treatment plan. Be sure to do everything your doctor tells you to and don’t miss any appointments. These factors can be used against you to show that your disability is due to a lack of care on your part.
Your insurance company may observe you
Another reason long-term disability claims can be denied is because claimants can be caught doing activities prohibited by their doctor or indicative of faking injury. Your insurance company may put you under surveillance. If during this time your insurance company finds you doing activities that your injury prohibits, your claim can be denied.
Your insurance company can document videos of you doing light yardwork or other physical activities that prove your ability to work. Be aware that following your doctor’s orders for housework is just as important as following your doctor’s orders for office work for this reason.
Video surveillance cannot be a trap for you if you are obeying doctor’s orders. If you’re doctor tells you to only spend a certain amount of time on your feet or not lift above a certain limit, be sure to follow those rules in everyday life to keep your benefits.
Meet all policy deadlines
In the case your long-term disability claim is denied, you only have 180 days to appeal your claim. This is an important deadline you’ll want to ensure you meet. This is where you should involve a long-term disability attorney to help you properly appeal the claim.
At this point, you’ve done what you can on your own. Your appeal is your last chance at ensuring you receive benefits for your disability. This stage of the process is crucial because you’ll want to ensure you haven’t overlooked any paperwork you should have submitted.
Your ability to sue your insurance company hinges on providing all documentation related to your claim. The materials you submit to your insurance company are what the judge and jury will examine during your lawsuit. You cannot keep information from your insurance company and expect to use it in your lawsuit later on.
Involving an attorney
When it comes time to file an appeal against your insurance company, you should hire an attorney. Hiring an attorney can ensure you receive your long-term benefits. At this point in your claim, you don’t want to risk losing your benefits.
Your attorney can review all documentation related to your case and provide insights and expertise in the courtroom to ensure the best defense in your claim.
Choose your attorney carefully. You’ll want to be sure your attorney has a great deal of experience in long-term disability claims.
Gore and Kuperman have 35 years of experience in long-term disability claims. This experience extends across multiple clients and unique situations, preparing our firm well to defend your case as well.
Our team includes medical experts to further prepare your case. With a variety of skilled professionals, we’ll give your case the care and attention it deserves. We’ll work with you the way you need us to – either in person or over the phone.
We’re here to ensure your disability doesn’t make you lose your home or way of life. Contact us at 703-385-7300.
This blog post is not legal advice, nor is it intended to be used as such. Specific case facts should be discussed with an attorney.