Many workers will become disabled at some time, making them unable to return to their jobs for years or on a permanent basis. If you have long term disability insurance, the coverage may pay you monthly benefits in amounts that replace most of your prior income. Some insurance companies deny most claims when they are initially filed, but you are able to appeal the denial. If this happens to you, the experienced lawyers at Osterhout Berger Disability Law are ready to help with your appeal. We are proud to advocate for our clients in Tallahassee, Florida and will work hard to recover benefits on your behalf.
Appealing a Claim Denial
When your insurance company denies your benefits claim, it is required to send you a letter. It is important for you to read this letter carefully because it contains vital information about your right to appeal. The appeals process for long-term disability denials must first proceed through the company’s internal process. The law provides that you must seek a remedy through your company’s own process before you will be allowed to file a claim in court. With the help of an experienced lawyer from Osterhout Berger Disability Law, you may win your case during the internal appeals process, obviating the need to ever file a lawsuit. If we accept your case and your claim is still denied, we are unafraid to litigate it through court on your behalf.
Common Issues & Recommendations
There are some errors that people sometimes make that you should avoid with your appeal. When you receive the letter, it is important for you not to simply give up. Many claims are ultimately approved on appeal. It is equally important that you take care when you file your appeal. Ask your company to provide you with a copy of your complete file. This will give you all of the documents and other evidence such as video that the company used to reach its decision. Getting the help of an experienced attorney from Osterhout Berger Disability Law might also be in your best interest as doing so may increase your likelihood of succeeding.
Don’t miss the deadline for filing your internal appeal. If you do so, you may be prevented from seeking long-term disability benefits again for your injury or illness. Contacting Osterhout Berger Disability Law as soon as you receive the notice of your denial may help you to win your appeal. Keep all of your medical appointments, and follow the recommendations that you receive from your doctor and other treating professionals while your appeal is pending. By doing so, you can establish a record that points to your eligibility for benefits while also stacking it with information that is favorable to you. This may help you if you later need to file a lawsuit against your company.
Getting the Benefits You Deserve
In order to help your attorney at Osterhout Berger Disability Law to build the strongest case possible, it is important that you are honest about your symptoms and the limitations that they pose to you. Some people may be tempted to exaggerate the pain or other symptoms that their conditions cause to them, but that can backfire. Instead, make certain to keep an accurate record of your symptoms and how they affect your daily life. Your attorney may want you to keep a daily pain and symptom journal as well as to obtain written statements from your doctor and others who are familiar with how your condition affects your ability to complete your work-related tasks.
Our attorneys may also want you to apply for other benefits, including SSDI and workers’ compensation. If you are approved for them, you can submit proof of your approval to make your long-term disability claim even stronger. Our primary goal is to help you and other people in Tallahassee, Florida to recover the benefits from their insurance companies to which they are entitled. Contact the experienced team at Osterhout Berger Disability Law to learn about the recovery rights that you might have.