Anyone who has applied for long term disability insurance benefits knows that insurance company delay tactics can be an exhausting process. Even after all the required and requested documentation has been submitted, the insurance company may ask for more. This can even be true during the appeals process when all documentation that could affect a decision has already been submitted. It can even be problematic when an insurance company requests someone to submit to an independent medical examination (“IME”) long after the claim has been submitted.
Fortunately, Courts have addressed the issue of insurance company delay tactics and have come out in favor of claimants. They have found that the request for an IME during the appeals stage is unreasonable, especially when they are using it as a delay tactic. In one case, the insurance company attempted to have an IME done after their time expired to make a decision on appeal.
Additionally, the Courts have noted that these types of delay tactics can have a great financial burden to the claimant. Most people who are filing for disability insurance benefits are financially strapped and rely on the money from the short term and long term disability benefits to cover the day to day bills. So the delay the insurance companies cause have a greater weight than just taking time.
ERISA is a complicated area of law and insurance companies have stacked the deck in their favor. Disability insurance companies can be tricky and take advantage of those in a vulnerable position. The experienced ERISA attorneys at Dabdoub Law Firm have successfully handled numerous cases where an insurance company has tried to delay a case with late requests for IME’s. It’s important to hire an experienced long term disability ERISA attorney to handle your disability claim. Contact our firm today for a consultation on your case.