Filing for Disability Claims in the U.S.
Get Help from an Experienced Disability Lawyer
Many people make mistakes when submitting their disability claim, taking for granted the disability insurance company will act honestly and fairly. Disability claims can be difficult and time-consuming. Insurance companies frequently request forms be completed by you, your employer, and your doctors.
Some of the information requested by disability insurance companies may include:
- An independent medical examination (IME)
- A functional capacity evaluation (FCE)
- An in-person interview of you
- Medical records
- Financial information
- Authorizations to obtain information about you
It is important to know what documents you are required to provide and those that the disability insurance company are not entitled to get. It is also important to properly complete and timely submit the forms insurance companies are allowed to receive.
Significant medical conditions and supporting Attending Physician Statements (APS) from doctors may not be not enough to prove disability when submitting a claim. The disability insurance company’s hired doctors may contact your physicians directly, often in an attempt to convince him or her that you are not disabled or able to return to work. Sometimes the insurance company will conduct surveillance video in an attempt to find inconsistencies in your reported abilities.
It is important to know your rights under the law as well as your disability policy. An experienced long-term disability lawyer will protect your rights and properly handle your disability claim. Dabdoub Law Firm, Disability Insurance & ERISA Attorneys, handle disability claims for applicants nationwide.
Do I Need an Attorney to Handle My ERISA Disability Appeal?
It is helpful to have an attorney who can handle your ERISA disability appeal because they will have an insightful glimpse into what the disability insurance company is planning. They also know all of the necessary paperwork and supporting documentation to create an appeal, which is arguably the most important step when fighting for your benefits. For example, in many cases, a doctor will fill out the right forms to say that you can’t work, but the insurance company will still find room to disagree and challenge your claim. With the right documentation collected and presented in a cohesive argument, the odds of the insurer getting away with it should go down.
Once a final decision is made, no additional information can be submitted, so it is even more crucial to ensure your appeal is ready with the right documentation from the get-go. There’s even a risk that you could fill out too much information and hurt your case because of it. Insurance companies often instruct claimants to fill out unnecessary forms with leading or slanted questions for this exact purpose. An ERISA disability attorney on your side can ensure that doesn’t happen, though.
Additionally, if your case goes to court, it will be decided by a federal judge. Unlike other types of cases, in an ERISA disability case, you have no jury. Instead, the judge’s entire decision is based on the insurance company’s file on your disability claim. If your appeal does not include updated medical evidence to support your disability, your chance of winning could be lowered. Similarly, if the file does not address important legal issues, your chances of getting your benefits are lessened. Preparing an appeal the right way the first time thanks to the help of an attorney can eliminate all of these risks.
Managing Your Claim
Once approved, not always approved. Disability insurance companies will continue reviewing your claim for even after it is approved. It is not uncommon for a disability insurance company to terminate disability benefits after 12, 24, or 36 months when the definition of disability changes. Under most disability policies, you must first be disabled from your own occupation and then from any occupation thereafter.
To ensure that you receive the maximum disability benefits under your disability insurance policy, you should speak with a long term disability attorney. At Dabdoub Law Firm, our disability attorneys know each insurance company’s review processes and tactics. Experienced with filing initial claims and monitoring paid claims, we can help ensure your disability benefits are not terminated.
Call (800) 969-0488 today for a free initial case evaluation with a disability lawyer.
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