If you have been injured or have a chronic disease or condition that prevents you from working, you may be able to file a disability claim against your insurance policy. Most company-offered policies will include coverage for this. It is important that you check the policy and buy disability coverage if it is not included. Keep in mind that this is not workers' compensation insurance and is also not Social Security disability insurance. Because of the type of coverage and the complexity of having all the papers filed correctly, it is a good idea to hire a long-term disability lawyer to help ensure you do receive the benefits you deserve. Here are just some ways a lawyer will help you so you can spend your energy healing.
Some people suggest filing your own papers and only hiring an attorney if the initial claim is denied. However, it is very important to understand that once the claim is denied, no new evidence can be submitted during the appeal. This means that the appeal judge only looks at the things you filed initially and will only reverse the denial if they can find a reason withing the initial paperwork that was overlooked or downplayed to the point of causing the denial. A disability lawyer knows what the insurance companies need to approve the claim. They also understand what types of evidence are downplayed or overlooked so they can help to get the decision overturned. Your lawyer will make sure that your initial filing will contain everything needed to have the claim approved, and then, if it is still denied, they will know how to prove to the appeal judge that the denial was in error.
Whether is it the insurance company or a judge, they may require experts to look over the medical files or have you examined by an outside medical professional. Your lawyer knows experts that can provide evidence and testimony for you. While your own doctors may have the original diagnosis and treatments on file, they may not be enough for the claim to be approved. Trying to find the professionals who will be accepted by the insurance company and court can not only be difficult but expensive. Your attorney can take care of all of this for you.
Keep You From Making Mistakes
It can take a while for a claim to be approved. If it has been denied and you are appealing the denial, the process can take even longer. It is important that you understand there are things and actions that can destroy your chances of having the claim approved. Your lawyer will be able to make sure you do not make these mistakes. Some of the most common mistakes include:
When you are in pain or suffering, you may be tempted to quit work and then apply for disability benefits. This can especially be true if you have been trying to work, but having to call in when you just can't make it. If our employer has written you up and threatened to fire you for your absences, it can be tempting to quit to avoid having a termination on your work record. However, quitting will almost always mean your disability insurance coverage ends. It will be important to know when and if it is safe to quit your job if you plan on claiming disability.
Taking a different position
Sometimes, you may be able to do some type of work for your employer, just not your regular job. If you are able to work at all, this could affect your disability benefit payments. Make sure you discuss accepting any type of work with your lawyer so you do not ruin your benefits.
You should always talk with a long-term disability lawyer before doing anything about your claim. It will greatly increase your chance of an approval in a timely manner.Share