According to the Social Security Administration, one-quarter of all of today’s workers who are in their 20s will suffer from a disabling condition that prevents them from returning to their jobs at some time during their careers. Some savvy workers hedge against this possibility by purchasing long-term disability insurance coverage. This insurance pays disabled workers a percentage of their former incomes so that they can continue to make ends meet. If you have this coverage, you may be shocked if your company denies your claim. The experienced and knowledgeable disability lawyers at Osterhout Berger Disability Law are ready to help Somerset, Pennsylvania residents with their long term disability claims and denials.
Appealing a Denied LTD Claim
If your company initially denies your claim, you will be sent a letter in the mail that informs you about why it did and what you can do to appeal the denial. Most companies have their own internal processes for appeals of denial decisions. You must exhaust the remedies that are available within the company before you will be allowed to file a lawsuit against it in court. Take note of the deadline for filing your appeal of the denial with your insurance company. If you do not send your appeal in by that deadline, you will not be able to later try to recover the benefits to which you might otherwise be entitled.
Common Issues & Recommendations
There are certain mistakes that you should strive to avoid during your appeal. You should never try to exaggerate about how your condition affects you. Insurance companies are experienced in handling disability claims, and they look for signs that you are malingering. You should also not send back your appeal without getting a copy of your claim file. You have a right to your file, but it is up to you to ask your company for it. Your file will contain the evidence that the company used in reaching its denial decision. It is important for you to understand what it contains when you are drafting your appeal.
Minimize how much communication that you have with your company over the phone or orally. Instead, ask your company to conduct all of the communication concerning your claim in writing. You should keep copies of everything that you send to the company along with everything you receive from it regarding your claim and appeal. If you send in additional documents, make certain that you send them by return receipt, certified mail so that you can prove when they were sent and received.
Getting the Benefits you Deserve
You may improve your chances of winning your appeal without having to file a lawsuit in court by getting help from an experienced, knowledgeable lawyer at Osterhout Berger Disability Law. When you first meet with your lawyer, bring in all of the relevant information about your claim as possible, including your file, your denial letter and any correspondence that you might have sent or received. Upon reviewing the information, your attorney may then ask you to submit to additional testing or evaluations, and it is important that you follow through. If you are not successful with your internal appeals and are forced to file a lawsuit, you will only be able to rely on what is contained in your file. By getting additional tests, your attorney might be able to supplement your file’s contents with evidence that is favorable to you.