Tips For Challenging A Long-Term Disability Claim Denial
If a person’s long-term disability claim has been denied or terminated, it is important for that person to know that they are not out of options. The insurance company’s decision to deny or terminate the claim may be incorrect, and it is counting on its decision being accepted without debate. To successfully dispute the decision, a claimant needs to ensure that the key evidence supports the claim.
Insurance Company Dispute
The first place to start when disputing the insurance company’s decision is with the treating doctors. If the treating doctors believe the claimant can work, and they do not support the disability claim, the claimant will be unsuccessful in challenging the insurance company’s denial or termination of the claim. Treating doctors have been with the claimant since the onset of the disability and have seen and interacted with the claimant on many occasions. Doctors hired by insurance companies may only see the claimant, once, if at all. As a result, the findings, and opinions, of the treating doctors will carry more weight, and have more credibility, than the findings, and opinions, of doctors hired by the insurance company. A judge or jury, tasked with deciding whether the claimant is disabled, and entitled to benefits, should believe the treating doctors over the doctors hired by the insurance company. Supportive treating doctors are the most important component to a successful challenge to the insurance company’s denial or termination of a disability claim and having them in the claimant’s corner will significantly increase the chance of overturning the insurance company’s decision.
Be Mindful of Surveillance
The claimant must also be mindful of surveillance. The insurance company may decide to hire a private investigator to obtain video of the claimant performing tasks that are inconsistent with what the claimant has reported with respect to the disability. The video obtained by the insurer will not show the pain and suffering that the claimant may have had to endure after doing whatever is depicted in the video. As a result, the claimant must err on the side of caution and assume they are being watched whenever they exit their home.
Surveillance by the insurer also extends to the digital world. The claimant must take great care to avoid posting anything to social media that could appear to be inconsistent with what the claimant has reported with respect to the disability. Photos, video, and comments made by the claimant on social media, can be accessed by the insurance company and taken out of context to persuade a judge or jury that the claimant is not disabled. It is important to avoid posting to social media while disputing the insurance company’s termination or denial of the claim to prevent the insurer from gaining any additional evidence it can use against the claimant.
Find the Right Lawyers
The lawyers at Singer Kwinter have the experience to help claimants successfully challenge an insurance company’s termination or denial of a long-term disability claim. They can assist with marshalling supportive evidence and can help the claimant navigate murky waters when help is needed most.
Contact Singer Kwinter today for a free consultation, and do not let the insurance company’s termination or denial go unchallenged.
