At some point in their working careers, as much as 25 percent of today’s 20-something workers will suffer from disabling injuries or illnesses that will prevent them from returning to work either temporarily or permanently. Many people obtain long-term disability insurance to protect themselves in such situations. If you have a long-term disability insurance policy and need to make a claim, you may benefit by getting legal help. The experienced team at Osterhout Berger Disability Law is proud to serve residents of Tampa, Florida with their long-term disability claims and appeals.
Appealing a Denied LTD Claim
When you are disabled and unable to work, it can be disheartening to receive a denial notice from your long-term disability insurance company. It is important that you do not give up if you receive a denial letter. Inside of your letter, there will be a listing of the reasons the insurance company decided to deny your claim. It will also include a section that details your right to appeal the decision, the process for doing so and the deadline within which it must be submitted. Insurance companies have their own internal processes for appealing the denial of claims that you must exhaust before you can sue in court. If you miss the deadline, you will never be able to recover benefits from your company for the condition that has disabled you.
Things to Keep in Mind
During your appeal, it is very important for you to understand what you should and shouldn’t do. It is common for people to have knee-jerk reactions and to send off their appeals without first reviewing their files and their policies. You should not do this and should instead ask the company to send you a complete copy of your file. Review the information that it contains along with your policy. Your file will contain all of the evidence that the insurance company gathered in order to support its decision to deny your claim.
Some people have conditions that do not respond to treatment, making them give up and stop seeing their doctors. You should not do this and should instead continue seeing your doctor and attending all of your follow-up appointments. This helps to document the medical care that you have received for your condition, providing evidence that you are disabled. Try to avoid communicating with your company about your claim over the telephone. Instead, ask that all of the communication between you and your company is sent in writing. When you send documents to your company, make sure that you do so with return receipt, certified mail so that you have a record of when it was received.
Getting the Benefits you Deserve
One of the best strategies that you can take to get the benefits that you deserve is getting experienced legal representation from the knowledgeable attorneys at Osterhout Berger Disability Law. Many people find it helpful to get help from one of our skilled attorneys before they even file their claims. When you work with us, we will ask you to continue seeing your doctor. We may also want you to get additional tests such as MRIs or x-rays. Our lawyers work to secure as much evidence that is favorable to your claim as possible. This helps to build the record for your appeals, and it is important because if you later must sue, you will only be able to use the record that has been built.
Being absolutely honest throughout the claim and appeals process is vital. People who exaggerate or lie about their symptoms may be accused of malingering, and it can be fatal to their claims. When you are honest, you are likelier to succeed. Contact Osterhout Berger Disability Law today to schedule your consultation with one of our experienced disability attorneys.