Long Term Disability Claims Can Be Very Difficult: Here Are Some Things to Watch Out For.
At Donahoe Kearney, our mission is to "empower through education." To us, this means we provide our clients and future clients all the information they need to make great decisions about their legal issues- for themselves and for their families.
There are a lot of things you should know about filing an ERISA long term disability insurance claim, especially if that claim gets denied. You don't want to get caught in a situation where you only have 180 days to appeal, and you're still operating under the assumption that the insurance company will be reasonable. (Hint: the law's definition of "reasonable" and your definition are probably very different). You won't get an opportunity to appear before a judge, and unless you know how to prepare an administrative record it will be very difficult to win your appeal.
Take a moment to review this information: you should know all the potential pitfalls and tricks the insurance company uses to deny claims. Here are some examples:
- Insurance company forms are often set up to give them information that they will use deny claims -- asking for that information which is later used NOT to pay you, rather than asking the questions that matter. Insurance companies say they don't have to pay attention to Social Security benefit awards and judges largely agree. An "activity log" is often used to compare what you say you did to secret videotaped surveillance. They are actively working to deny your claim.
- If you write a 36-page "appeal," the insurance company will say "See, we knew you could work." Anything you do can and will be used against you, so you need to learn the rules before you walk into a trap.
- Your doctors won't testify. You won't testify. No one will testify. There are no jurors. No Discovery. Only the administrative record. Do you know how to prepare an administrative record that helps win your disability case?
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