If you have a long-term disability insurance policy, you likely believe that it will be there if you are ever disabled and unable to return to your job. Unfortunately, many claims are denied when they are submitted to insurance companies. If this happens to you, the experienced team at Osterhout Berger Disability Law are dedicated to representing our clients in Allentown, Pennsylvania throughout the disability claims appeals process.
Appealing a Denial of LTD Benefits
You are not able to file a lawsuit against your insurance company for denying your claim until you have gone through all of its internal levels of appeal processes. A majority of companies have at least two in-house appellate levels. You are required to go through all of the available levels before you will be able to sue. Your denial letter will include the information about how to file your appeal and the deadline within which you must do so. Don’t make the mistake of missing the deadline. If you do, it will be a bar to your future recovery of benefits from the company for your disability.
Do’s and Don’ts
Don’t submit your appeal without carefully reviewing your insurance policy and your entire file. You have the right to request that your company provide you with a copy of the file it has for your claim. In it, you’ll find all of the information that the company gathered during its investigation of your claim. This information can be vital in understanding why your claim was denied and what you should add to your appeal to make an approval more likely. It is a good idea to bring your insurance policy, your file and your letter into our office at Osterhout Berger Disability Law. One of our skilled disability attorneys may review the information with you and advise you on how to proceed.
Keep as much of your communication with the insurance company as possible in writing. Some people say things that are later used against them to support denials. Make sure to photocopy everything that you submit, and keep copies of everything that you receive. You should send your correspondence and evidence via certified, return-receipt mail. This helps you by providing a documented trail showing that you sent the information and that it was received.
Getting the Benefits you Deserve
In order to increase your chances of winning your appeal, you’ll need to continue seeing your doctor. Being able to show a record of receiving care for your illness or injury can help you with proving your claim. You may also benefit from getting help from an experienced attorney at Osterhout Berger Disability Law. We understand the kinds of evidence that our clients need to best support their claims.
When you work with us on your claim, we will ask you to help out as much as possible. We may want you to ask your doctor, employer and family for statements about how your disability has limited your ability to function and to complete the duties required by your former position. We may also want you to keep a daily symptom journal and to submit to additional physical examinations. We do this because the more favorable evidence we can place in your file, the greater the chance is that you will succeed on your appeal. In many cases, we are able to help our clients win their appeals during the internal appeals processes without having to file lawsuits.
Long-term disability insurance can offer a vital financial safety net for you when you are injured and become disabled. One of the experienced attorneys at Osterhout Berger Disability Law will work closely with you to try to secure the benefits that you deserve. Contact us today to tell us more about your case.
