Studies have demonstrated that one out of every five of today’s twenty-somethings will suffer a disabling injury or illness that prevents them from returning to work at some point in their lives. If you are among the large minority of people who have become disabled, you may be able to rely on your long-term disability insurance coverage for financial security. In some instances, however, long-term disability insurance carriers will deny valid benefits claims, necessitating appeals. The experienced attorneys at Osterhout Berger Disability Law stand ready to represent residents of Greensburg, Pennsylvania with their long-term disability claims and appeals.
Appealing a Denial
After you file your claim, your insurance company will investigate it and then determine whether or not to approve or deny it. If it denies your claim, you will be sent a letter that details the company’s reasons for denying it and how you can appeal the decision. It is important that you pay attention to the instructions for appealing it. If you miss the listed deadline, you will be unable to later try to seek benefits for your disability. You must exhaust your company’s own appeals process before you will be able to file a lawsuit in court against it.
Common Issues & Recommendations
There are some important things that you should do and that you should avoid. In addition to not missing the filing deadline, you should not send off your appeal without first reviewing your file. You can get a copy of your file by requesting it from your company. It will contain all of the records that were used by the company when it denied your claim. This will help you and your lawyer from Osterhout Berger Disability Law to understand what additional information may be needed to make your appeal likelier to succeed.
It is very important that you continue to attend all of your medical appointments while your appeal is pending. This helps to prove that your condition is ongoing and one that should make you eligible for benefits. If you have already been approved for other benefits through workers’ compensation or social security disability, send in proof to the company. This is strong evidence that your appeal should be granted. Finally, make certain that you conduct as much of the communication with your company in writing, and submit additional documents by certified mail.
Getting the Benefits You Deserve
The first step you should take on the path to getting the benefits that you should receive is hiring an experienced long term disability attorney from Osterhout Berger Disability Law. Our experienced lawyers understand the types of evidence that should be gathered in order to provide the most robust support for your claim. We may ask you to seek additional medical evaluations in order to provide added evidence of the functional limitations your disability causes to you. We may also try to supplement the record in your claim with as much favorable evidence as we possibly can. The reason for doing so is twofold. First, it may make it more likely that you will win your appeal internally within the company. Second, if the company denies you through all of its internal appeals levels, having a strong record that is favorable to you may help you win your appeal case through a lawsuit.
It is our goal to help all of our clients to win their claims and appeals so that they can recover the disability benefits that they are entitled to receive. In order for you to help us with helping you, it is highly important that you are completely honest with us and with your doctor about the severity of your symptoms. Some people make the mistake of thinking that exaggerating about the pain that they experience will help them, but doing so normally backfires. Instead, be honest, seek treatment and let us help you. Contact the experienced lawyers at Osterhout Berger Disability Law today to learn more about your recovery rights.
