FILING AND APPEAL

If your application for short term disability or long term disability benefits was denied, you must consult an experienced disability lawyer immediately. Our consultations are free.

Consulting with an experienced disability lawyer prior to the filing of an appeal is the best advice you will get on this webpage, but you should also know the following about the long term disability appeals process:

1. In most cases, you must file an appeal with the insurance company prior to filing a lawsuit.
2. In most cases, you have a 30, 60 or 180 day deadline to file an appeal. If you do not file an appeal within your deadline you may forever lose your right to recover short term disability or long term disability benefits.
3.  In most cases, your appeal may be your one and only chance to submit favorable medical and other evidence to the insurance company. If your appeal is denied and your only remaining option is to file a lawsuit in a court of law, you may not be able to submit favorable evidence at that time.  You need an attorney to help you develop your appeal and submit all of the necessary information to prove your disability. This must often happen on appeal, or it will never be considered.
4. Do NOT listen to the claims representative’s recommendation to, “Just send us a letter explaining why you disagree.” This is rarely, if ever, enough.
5. A comprehensive appeal should consider vocational and testimony evidence.
6. You must combat the opinions of the insurance company’s medical consultants, or other information being used against you.
7. The insurance company can ask that you attend an independent medical examination or functional capacity evaluation. However, an experience disability lawyer can help protect your rights and work with the insurance company to dispute improper requests, or negotiate reasonable compromises.
8. The insurance company may conduct video surveillance.
9. Once an appeal is filed, the insurance company will take 45-90 days to review your appeal and make a new decision.
10. The paid medical consultants hired by the insurance company will contact your doctor(s) to discuss your impairments and restrictions.

Once an insurance company has denied a short term disability or long term disability claim it is very difficult, but not impossible, to turn that decision around.

It is so very important that you consult an experienced lawyer prior to filing an appeal of your short term or long term disability insurance claim.