Disability Insurance Companies Tend To Ignore Treating Physicians
Disability insurance companies make the task of receiving disability benefits very difficult. For example, insurance companies typically ignore the opinions of your treating physicians. Instead it relies on the opinions of a hired physician who simply reviews your records. These doctors may never examine you in person. Still, the law does not deter insurance companies from acting in such a way.
Most disability claims fall under a federal law called the Employee Retirement Income Security Act (ERISA). ERISA governs disability plans offered by employers. Thus, if you receive long term or short term coverage through your employment, then your plan is likely governed by ERISA. Regrettably, this law favors the insurance companies.
Under ERISA, insurance companies have “deference”. This means a judge can only rule against an insurance company if it acted completely unreasonably in denying benefits. This also means that insurance companies are not required to defer to treating physicians over their own physicians. Courts have held that a disagreement between treating physicians and reviewing physicians alone does not prove that the insurance company acted completely unreasonably.
Thus, it is not enough that your doctors are consistent in their diagnoses. The insurance company will likely have your records reviewed by their own doctors. Insurance companies tend to give much more weight to reviewing physicians. This is because they are entitled to do so under the law.
Our disability insurance lawyers are aware of this. We understand the importance of the appeals process. We will work with you and your doctors to help build the record in your favor. Our attorneys have vast experience in attacking the accuracy of these records reviews. Our attorneys can also help reduce the value of these reviews.
The insurance company is likely to have your records reviewed. Thus, it is critical you speak with one of our experienced attorneys today. We are a nationwide firm. Our firm has helped numerous people across the country with their disability claims. We will help you fight for the benefits you deserve.