You purchased a disability insurance policy, probably never thinking that you would have to actually use it. Then the unthinkable happens, and you are suddenly unable to provide for yourself and your family. Comforted that you had the forethought to buy disability insurance you submit a claim. Shortly thereafter you get a call or letter from an insurance adjuster informing you that you are ineligible for the benefits you paid for.
So what now? Every disability policy contains procedures to challenge such a decision. But proceed with caution. Most likely your policy contains a detailed and intimidating list of requirements in order to appeal the denial of benefits. Retention of counsel to help you through this process is critical for three reasons. First, the insurance company will take you far more seriously if you have an attorney working for you. If you have retained an attorney to assist you with the internal appeal it appears to the insurance company that you are willing to litigate a denial of long term disability benefits. No insurance company wants to litigate. Second, the law requires that you submit all documentation to support your claim at this stage. In other words, if your challenge of the initial determination fails and you want to proceed in court, you cannot introduce additional materials in court that were not submitted during the appeal. It’s therefore important that you retain a lawyer at the outset to make sure that all necessary materials have been included in the internal appeal. Third, an attorney that is well-versed in appealing denials of long term disability benefits has the resources to make sure that you retain the physicians and experts that will be most helpful in persuading the insurance company that you are entitled to your benefits.
If your benefits were denied, contact The Cole | Reichek Firm immediately, as there are deadlines associated with appealing this decision.