Preparing a Short Term and Long Term Disability Insurance Appeal

Описание: Alicia Paulino-Grisham, founding partner of Disability Insurance Law Group discusses what you need to know before submitting a short term or long term disability insurance appeal. The vast majority of disability benefit claims are governed by ERISA, which is a federal statute that places strict deadlines and obligations on both claimants and insurance companies in the disability insurance claims process.

In most cases, if you receive your disability policy through your employment, your claim for benefits will be governed by ERISA. Under ERISA, if your disability claim is denied, you must submit an appeal to the insurance company. Some policies require two mandatory appeals. You must submit all mandatory appeals, if you do not, you may be foreclosed from seeking benefits further.

However, what your insurance company will likely not tell you is that the majority of the time, the only information that you can present in court to prove your case is the information you submitted during the application and appeals process. That means that you must essentially prepare your case for trial before your final denial.

If you leave anything out that you would normally present in court to prove your case, the judge will likely never see it and never consider it. For this reason, we prepare every case like we were preparing it for trial. We first obtain a full copy of the insurance company's claim file. This includes all emails, text messages, internal notes, medical reviews, surveillance video and vocational information gathered by the insurance company.

We also obtain comprehensive written and video testimony of our clients, their friends, their family members, and occasionally coworkers, regarding our client's condition, limitations, and work restrictions. We also obtain medical records and closely work with our client's treating physicians to provide detailed testimony regarding our client's condition and limitations.

We often hire our own independent medical and vocational experts to assess our clients and provide independent expert reports. We then prepare and submit a detailed appeal letter outlining all of the information and the law and attack the insurance company's rationale for denying the claim.

ERISA is a highly complicated area of the law and can be an uphill battle for claimants who are unaware of their obligations and rights. We are dedicated to leveling the playing field for our clients and use our extensive experience in handling long term and short term disability insurance claims to aggressively seek the benefits our clients deserve.

If you have questions regarding your disability insurance claim or policy contact us below:

Disability Insurance Law Group
https://www.dilawgroup.com/Contact.sh...
Broward: 954-989-9000
Palm Beach: 561-202-9170
Toll Free: 866-363-3628