You Shouldn't Handle A Long Term Disability Appeal On Your Own in DC

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An Experienced Long Term Disability Lawyer in DC Understands The ProcessWhy You Need A DC Long Term Disability Lawyer for Your Claim

Have you already filed for disability and had your claim denied by the insurance company? If so and your disability insurance plan is governed by ERISA, it’s helpful to know the most important parts of filing and/or appealing a DC long term disability claim or denial to understand why you need a DC lawyer for your case.

In the midst of everything associated with being injured and needing to file for long term disability, many find that fighting the insurance company is something they’d rather have an attorney deal with while they focus on healing. But that's just the beginning of it when it comes to ERISA long-term disability claims.

The following items are significant factors which determine whether your claim is ultimately approved or denied by your long term disability insurance company. If you’re unable or unsure if you will be able to successfully acquire and compile these items, it’s important that you reach out to an attorney who can help you before your filing window ends.

An Experienced Long Term Disability Will Know That Sneaky Clauses Can Help the Insurance Company to Get Out on a Technicality

When you sign up for an insurance policy you should read the policy thoroughly to see if there are any of these "sneaky clauses" in there that will make it more difficult for you to sustain your claim.

Here Are a Few Just As An Example:

  • The insurance company has the "discretion" to determine your benefits (read between the lines; they get to decided whether or not you are disabled);
  • You only get paid benefits if you can't perform "each and every" important duty of your job (so, typing for 30 minutes is a part of your job. If you can do that, they will overlook the fact that you can't sit for 30 minutes due to back pain);
  • Your benefits will be terminated if the insurance company says you could work part-time but don't (part-time could be five hours a week - who can make a living off of that)?

Any experienced long term disablity lawyer is expecting these sneaky clauses, and knows how to get around them. But you have to hire a specialist; a general attorney won't know the nuances of filing a long term disability appeal in the DC area.

For A Long Term Disability Appeal Your Attorney Will Need To Prepare An Administrative Record

Insurers or administrators considering your DC area long term disability claim rely on an administrative record when reaching a decision about whether to approve or deny your claim. The administrative record will usually include medical records, medical reports, bills, and correspondences, as well as witness statements.When preparing an administrative record, it’s important that all aspects of your record remain consistent throughout the record itself and with any secondary documents referenced.

Inconsistencies in an administrative record are a red flag to those looking to deny your claim and often lead to further scrutiny of your case by the insurance company or by a court hearing your case. A DC attorney who understands civil procecdure will know how to prepare an adminstrative record.

An Experienced Long Term Disability Lawyer Will Communicate With Your Treating Doctor About Your Long Term Disability Claim

So many who file for long-term disability have their case denied simply because they were unable to communicate their needs to their doctor in a way that will be understood and digested by the insurance company. In a case involving an accident or injury that leads to someone filing for long term disability, the duty of a healthcare provider is primarily one of immediate medical attention. Even the best healthcare professionals will not necessarily be focused on how you will provide for yourself after you leave their care. For this reason, it’s important that you have an attorney who understands the bigger picture and can give you necessary information to communicate to your healthcare provider or in some cases, communicate with your healthcare provider on your behalf.

A great example of properly communicating with your doctor arises when compiling the administrative record previously mentioned. An attorney who knows what the insurance company or court is looking for will be able to request the proper information from the beginning, when they first review your claim. You don’t want to have your claim denied because the clock ran out while you were waiting on a doctor’s office to send over the correct paperwork.

An Experienced Long Term Disability Lawyer Will Meet Timelines And Work With Limitations

In addition to the previous two items, submitting a long-term disability claim also involves timelines, deadlines, and limitations. The number of days you have to file your appeal is an area where many run into serious difficulty. Identifying deadlines and interpreting them correctly is where an experienced attorney can really help.

The approval or denial of your disability claim is something that will have a lasting effect on your entire life after a major accident, injury or illness. Hiring an experienced DC long term disability attorney is one of the best things you can do for yourself on your road to recovery. When dealing with insurance companies that have every reason to deny your claim, having experience on your side is invaluable. They have lawyers and specialists on their side. You deserve the same.

Contact Our Experienced Long Term Disability Attorneys Today To Get Started!

If you are looking to file for long term disability or your claim has been denied and you are looking for help, contact our experienced DC long term disability lawyers today. We can help you get started with concrete next steps, whether we are helping you apply for long term disability or preparing an appeal on your behalf we have the resources you need. Give us a call today at 202-393-3320.

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