Both an appeal and filing a long-term disability insurance claim lawsuit should be considered after receiving a denial of long-term disability benefits. Instead of appealing, most attorneys would advise taking legal action. This is due to several factors. An initial appeal must be made to the organization that initially denied the claim. The insurance company has decided and is unlikely to reverse its decision. Second, the appeals procedure is governed by insurance companies. Unfortunately, your case cannot be heard by a neutral third party. Also, unlike appeals, long-term disability cases have a greater chance of success. Suing may be a scary prospect for some people.
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Here Are 5 Things You Need To Consider When Suing For Long-Term Disability:
Documentation
You need proof that your condition prevents you from working. Get testimony from an expert who can verify this information. Get a note from your doctor stating that they do not believe it is safe for you to work at this time due to your condition. This note should be dated and include their license number and address so it can be verified as authentic by the court if necessary.
Evidence
Bring all relevant documents with you when going to court, such as pay stubs showing how much money was coming in before the disability began and how much went out during this same period; bills (gas/electricity) showing how much was spent on utilities when compared to other months during
Consider Your Job Description
The first thing you need to do is consider your job description and its requirements. If specific tasks are critical to your job, such as lifting heavy items or driving a delivery truck, then those tasks could be considered essential or non-essential duties. If they are essential duties of employment and you cannot perform them because of your injury, this could strengthen your case against your employer.
Consider Your Accommodation Options
If your employer has offered reasonable accommodations in the past but has not worked out well for either party, this will likely strengthen your case against them. Consider if there were any other accommodations they could have offered that would have been more beneficial than what was provided. Consider if there were other ways they could have made things easier.
You Need A Lawyer Who Knows How Insurance Companies Work
When you sue an insurance company, it is usually because they have refused to pay your claim. Insurance companies are not charities — they exist to make money by taking in premiums and paying out as little as possible. They won’t offer coverage if they think they will pay out more than they take in through premiums.
When you’re suffering from long-term health issues, learning as much as possible about your condition is essential. It’s equally important to know what options are available to ensure that your long-term disability claim is given a careful consideration that it deserves. Most often, a lawyer who specializes in this area is the best place to start.
