Many people who are currently working will become disabled at some time during their careers. Because of this risk, some workers elect to purchase long term disability insurance so that they might have some financial security in the event that they are disabled and unable to return to their former positions. Some insurance companies initially deny many long-term disability claims. They might do this in the hope that the claimants will give up and not appeal. The experienced legal team at Osterhout Berger Disability Law is proud to represent the residents of Gettysburg, Pennsylvania with long-term disability claims and appeals.
Appealing a Denied Claim
Under the law, insurance companies must notify you in writing if your disability claim is denied. If you receive a denial notice, read it carefully. It will list the reasons that the company used to reach its decision, and the letter will also tell you that you have the right to appeal. Most companies have their own internal appeals processes, and you are not able to skip past those processes and head straight to court. You must exhaust all of the potential remedies that are available to you through your insurance company’s internal processes before you can file a lawsuit. There will be a listed deadline for appealing. Don’t miss it. If you do, you will not be able to try to recover benefits from the company for your disability in the future.
What to Do & What to Avoid
You should be aware of some errors that are commonly made and take steps to avoid them. The most important thing to know is that exaggerating your symptoms or your injuries may make it impossible for you to succeed with your claim or appeal. Always be truthful with your doctor, your attorney and the insurance company about how your condition affects you. Otherwise, you may be accused of malingering and be denied.
Don’t send in your appeal without getting a copy of your claim file. You have a right to it, but you will have to request it yourself. This file will contain all of the information and evidence that the company used to deny you. Knowing what it contains can help you to craft your appeal more effectively. Make sure that you keep your oral communication with your company as minimal as possible. Ask that everything is conducted in writing. This can help you by preventing you from making statements that could later be used against you. It also can help by providing you with documentary evidence about what you were told by your company. Make sure to keep copies of everything that is sent to you or sent by you.
Getting the Benefits you Deserve
For the best chance of getting the benefits that you deserve, consider retaining an experienced lawyer from Osterhout Berger Disability Law. Our attorneys are highly knowledgeable about the types of evidence that can help our clients to succeed with their appeals. Make certain that you listen to your attorney and follow his or her advice. He or she may ask you to get letters from your employer, family members and doctor about how your condition affects your ability to complete the activities required by your job. You might also be asked to continue seeing your doctor even if you do not think it is helping you. Your lawyer’s goal is to help you to win, and following his or her guidance may help you to succeed.
Contact us today to schedule your consultation and to learn more about how we might be able to help you.