Most people appreciate the value of a hard day’s work, but unfortunately, there are over 10,000 injuries serious enough to require an emergency room visit every single day in America. These injuries can prevent a person from going to work, and even worse, some of these injuries can lead to long term disabilities. When a person has long term disability insurance with their employer, they should be able to file a claim and receive benefits.
Unfortunately, these claims are filed with insurance companies instead of the Social Security Administration, and since these companies are financially driven, not knowing how to properly file the claim can easily lead to a denial.
Before Filing
There are a few things that a person should do before filing the required documents. The first is to visit their doctor. This should be common sense since one can only infer that they have a long term disability if their doctor agrees. It’s important to speak with the physician about when they think that it will be possible to return to work. This will be vital when filing a claim and should be reflected in their medical records.
After visiting with a doctor, it’s also important for a person to read up on their long term disability policy. The injured individual should ensure that they still meet all of the eligibility requirements, which may vary by state, and read the instructions on how to properly file a claim. Since different employers may have different providers, these instruction are also likely to vary.
In general, the insurers will try everything that they can to save money, and this doesn’t often end well for seriously injured employees. A pre-filing consult with a long term disability claim lawyer may arm the applicant with information necessary to get a case approved.
Filing the Claim
The worker’s employer can provide them with all of the necessary information to file a claim. Occasionally, it’s as simple as contacting the company’s insurer and letting them know what happened.
Insurers will likely try to get the claimant to make a statement that will affect their benefits. In some instances, for example, an insurer may be able to avoid paying full benefits if they can prove that part of a person’s job, which could be minor at best, is still performable with the injury. This is why it’s important to speak with a legal professional before making any statements or signing anything.
Handling Denials
Unfortunately, insurance companies will jump at the chance to deny a claim. In many cases, this could be considered “insurance bad faith,” which is wrongfully denying a legitimate claim, but unfortunately, most of these insurance policies are now governed by the Employee Retirement Income Security Act of 1974 (ERISA). Sadly, this gives insurers a bit more leeway in denying claims.
Fortunately, there is an appeals process available to contest a denied claim. If at this point the claimant hasn’t retained an attorney, doing so becomes absolutely essential. Without legal help, it’s extremely likely that an appeal will meet the same fate as the original claim. Since long term disability attorneys are so adept at handling initial claims and appeals, the employee’s chances of success are likely to increase exponentially.
Filing a long term disability insurance claim may seem like a daunting task, but it really doesn’t have to be. Employees who work for these insurance benefits definitely deserve them if they’re seriously injured, and if that worker is vigilant and takes the right steps, they’ll be able to receive the compensation they rightfully deserve.
Teresa Stewart writes to impart knowledge to disability claimants so they can avoid the numerous pitfalls leading to denials. She found that Marc Whitehead & Associates will provide a long term disability claim lawyer who will fight to recover their client’s back pay. With nationwide reach, they advocate for disability victims, and one of their goals is to protect clients from “abusive tactics.”
Photo Credit: http://www.flickr.com/photos/joebeone/2585191273/
