What Role Does My Doctor Play in My Long-Term Disability Claim?

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I've been on long-term disability for a full year and they are just now telling me I don't have proper documentation of my injury and medical treatment. What am I supposed to do?

Yes, we are very familiar with this type of situation. Many times, people on disability just go along getting treatment and hoping to recover and go back to work. All the while, nobody tells them that the insurance company is looking for very specific medical records, will require certain times of tests, and will nitpick over language: all to find ways to deny your claim.

It doesn't seem fair, does it? Of course, it's not but you do still have power. You can discover the truth about ERISA long-term disability insurance and set yourself on the right path.

Most people have short-term disability claims first, and they never intend on going on long-term disability. They hope to recover and go back to work; and so their sights are set, as they should be, on recovery instead of preparing themselves for a successful long-term disability claim.

Here are some quick tips we can give you to get started. 

1. Ask your doctor if he or she is familiar with "Objective Medical Evidence." These are the types of evidence-based tests that are famously cited by insurance agents looking to deny your claim. Use these type of diagnostics whenever possible to document your illness or injury.

2. Index your own copies of your monthly progress notes and disability slips. Don't ever leave your doctor's office without an updated disability slip, and follow up with your doctor's front desk to get copies of your progress notes a few days after your appointment.

3. If your progress notes don't fully describe your treatment and connect it to the injury you are claiming on disability (and they should be), ask for edits from your doctor. Your doctor can do this (and should). 

4. Don't do anything at all, publicly or privately, that is outside of your doctor's restrictions. If surveillance is taking place courtesy of your insurance company, you can get kicked off your claim.

5. Stay away from social media; don't post anything related to your doctor's appointments or treatment, and keep all of your social media settings on private.

Want more? Securing a consultation with attorney Frank Kearney can keep you from making the kinds of toxic mistakes that will set you up to have your claim denied. Call us today at 202-393-3320 to get started on your road to success.

Frank R. Kearney, Attorney-at-Law
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Experienced DC Workers' Comp, Long Term Disability & Accident Lawyer