Getting The Most Out Of Your Long-Term Disability Lawsuit

All disability insurance companies have an appeals mechanism, whether a mandatory internal appeal or a civil lawsuit, but the timeframes for these appeals can be tight, and even getting started can be difficult. 

When your disability insurance claim is denied, you must receive a denial letter from your disability insurance carrier that includes an explanation of why your claim was rejected, citations to the specific sections of your plan on which the denial is based. A list or description of any additional information you can provide to support your claim further and the deadline for filing an appeal. If the claimant misses this deadline even by a single day, they may be denied benefits.

Each disability claim is unique; there is no one-size-fits-all technique for appealing a rejection of benefits. The claim file may not support the grounds given in the refusal letter in some situations; for example, your job obligations may be misclassified, or your medical records may be inadequate. To qualify for disability payments, you must be able to show that you are no longer capable of performing the obligations of your current occupation or any other lucrative occupation. Even when the truth is different, disability carriers tend to reduce claimants’ occupational duties and describe jobs as sedentary or low labor.

Even though the disability carrier will assess job obligations based on a “national economy” norm rather than the specifics of your job, the claimants may successfully demonstrate that the manner they were performing their job was how you did it in the national economy. A vocational study or labor market assessment will help you show how closely your job responsibilities match the disability insurance carrier’s standards.

Your appeal letter should be fact-based and worded so that no reasonable person reading it believes you can work full-time. The majority of appeal letters are dozens of pages long and contain a great deal of information supported by medical data and personal statements. Once you’ve completed this letter, please mail it to the long-term disability insurance carrier, along with the rest of the appeal packet, with a validated return receipt.

An experienced long-term disability insurance law team such as Abell & Capitan has produced thousands of disability appeals and can offer you support in examining and winning your claim.