Disability insurance claims law
If you are filling a long term disability claim when you become ill or have been injured and cannot work, it is supportive to know that disability insurance is more hard than most insurance. There are very hard rules that must be followed.
Be alert about time deadlines and limitations. In the policy it will say when a claim must be field. Most policies have a sixty days filling window. Be sure to file paperwork ahead of deadlines, and sending all records and documents by overnight registered mail.
Keep your disability claim informative secret. Do not post comments or details or complaints on LinkedIn, Facebook, or any other disability-related forums, chat rooms, bulletin boards, social networking websites, or other internet places. It does not matter if you have just filed a claim or the insurance firm has been paying your advantages for 10 years – putting this detail on the web could lead to your losing the advantages.
Insurance firms watch social media for their claimants extremely carefully and more than one person has lost their advantages or had a judge render a different decision based on their internet comments. If you are filling for a long-term disability claim and post holiday photos that show you hiking the mountains, the insurance firms will consider the images proof against your claim.
Once a claim is received by the disability insurance firm with the help of ERISA lawyer, they will deliver you forms that are needed to process the claim. Among them will be an applicant statement, attending physical statement, and authorization forms allowing access to financial, health and occupational materials from 3rd parties.
Financial records are used to evaluate assets, income and earnings. This feels prying and intrusive but providing the detail rightly is vital. For salaried workers, tax returns and W2 earnings statements will be easy enough to provide. If you own a business or are a partner in an expert practice or another hard earning condition, the request for monetary records can be overwhelming. It is vital to check the specific language of the policy to learn what the disability insurance firm is entitled to – and what is none of their business. The policy is the contract that governs the full process. If you are asked to give something that is not added in the policy, contact the insurance firm to clarify and describe the request. Carefully document questions to reduce non-compliance problems.
Most disability policies need you to undergo an IME (Independent Medical Exam). Bear in mind that the doctor performing the examination is being paid by the insurance firm. Disability insurance firm doctors are not independent. Be alert! Disability claimants who trust they are speaking with a sympathetic are forever doctor surprise when the doctor who seemed so perfect reports that they perfectly capable to go to work. Many new court decisions, including several in our own practice, have found it extremely clear that the medical exams paid by the insurance firms are not independent. This inbuilt conflict of interest is something the courts are watching cautiously.