What Is A Definitive Diagnosis And How Can I Get One?
We've heard this story - your story - time and time again. You've been injured or diagnosed with a serious illness. You are worried that your injury or illness will prevent you from working. You head to your doctor and he confirms your worst fear - you are not going back to work. You have a long term disability insurance plan sponsored by your employer. So you call human resources and get the claim forms. You fill out all the paperwork and send in your medical records, first for short term disability and later for long term disability.
Everything seems smooth. You're approved for short term disability and your long term disability application goes off without a hitch.
However, what nobody told you is that the insurance company makes the decision on whether or not you receive any benefits. And they deny your your claim, stating that you don't have a definitive diagnosis. This is the first time you've heard that phrase - how can you corrrect the error?
A definitinve diagnosis is a test that produces concrete results that will tell you whether or not you have a certain condition or diagnosis, such as MRI's, blood tests, biopsies, etc. Definitive diagnoses are clear-cut confirmations that you have a certain medical condition. But not all medical issues have a way to measure by definitive diagnosis.
I Don't Have A Definitive Diagnosis. What Comes Next?
If you have any type of chronic pain conditon, mental health issue, gastrointestinal issue, etc. you probably don't have a definitive diagnosis. Your diagnoses has come over time and a results of many tests and studies, which are more like indicators than diagnoses. But your long term disability carrier is telling you that if you can't get definitive support for your injury or illness, you can't get long term disability benefits.
You may try to contact the insurance company and correct the error, thinking maybe they made a mistake and they just need more information or records. You may try to argue and spin your wheels. The insurance company knows this and that's why they have only given you 180 days to appeal their decision. They are counting on you wasting time, trying to get them to change their decision. They are counting on you not calling an experienced long term disability lawyer who will tell you that denial was their plan from the very start.
If your long term disability claim has been denied, contact our experienced long term disability lawyers today at 202-393-3320 to get started on your appeal. Don't delay - you only have 180 days to appeal their decision. Don't waste it trying to handle the appeal on your own. We make it easy to get started - call 220-393-3320.
Can I Win My Appeal Without A Definitive Diagnosis?
Yes it is possible to win your appeal without a definitive diagnosis as long as you have an experienced long term disability lawyer like Frank Kearney someone representing you. Without a long term disability lawyer, your fight for benefits against the insurance company can be an impossible battle. The odds are highly stacked against you and the law that governs your policy heavily favors the insurance company and allows them wide discretion to deny claims.
But just because you don't have a firm diagnosis doesn't mean that you shouldn't get the benefits you are entitled to. But on your own, it's virtually impossible to win an appeal. Fighting back with an appeal is a lot more than filling out a form or sending an email. That's why you need the help of a long term disability attorney like Frank Kearney. His approach combines his experience in workers comp, medical malpractice and insurance litigation in order to write a persuasive appeal on your behalf. This appeal will include testimony, medical evidence, etc as a legal brief that gets submitted to the judge.
What Can An Experienced Long-Term Disability Lawyer Do For Me?
We have seen numerous cases where people have not been able to go back to work and being denied benefits because of the unfair discretion allowed to the insurance company. After being denied, our clients come to us and we win them back benefits as well as ongoing benefits while they are unable to work. We are able to do this becauase we know exactly how to beat the insurance company at it's own game.
Contact Our Experienced Long Term Disability Lawyers Now
Are you ready to fight for what you need? Are you ready to take a stand against the companies that did you wrong? Don't be intimated by the insurance company. Donahow Kearney fights for you to make sure that you get what you need. We understand that the system works against people who need it most. Don't let it happen to you. Don't fight the battle alone. Call us at (202)-393-3320 today. We make it easy to get started.