Long Term Disability Lawyer By Me
Becoming disabled can leave the affected party feeling helpless and overwhelmed. Fortunately, those who receive benefits from their employer or who purchased long-term disability insurance through a private broker may be able to collect a percentage of their income to help keep them financially afloat. Filing a claim for disability benefits is notoriously difficult and failing to submit a claim before the appropriate deadline or failing to provide sufficient medical evidence can delay a claim or even lead to its denial, so if you live in Ohio and are unable to work as a result of an injury or illness, it is crucial to seek the advice of an experienced long-term disability attorney who can walk you through the filing process.
Filing a Claim
When filing a claim for benefits, it is crucial for the claimant to include compelling medical evidence. For instance, aside from medical records documenting a diagnosis, a claimant’s treating physician should include a detailed letter containing the following information:
- A description of the claimant’s disability;
- An outline of the restrictions and limitations that the claimant will face as a result of the disability; and
- An explanation of how those limitations will prevent the claimant from fulfilling the duties required of his or her job.
Claimants should also provide evidence that they are receiving ongoing medical treatment for their illness or condition. This could include records of visits to a primary care physician or a specialist. As long as these visits occur at regular intervals and there is evidence that the physician is administering objective tests when necessary, the claimant should satisfy this criteria.
Unfortunately, despite their best efforts to compile and submit the appropriate medical evidence, many disabled parties who have legitimate claims are denied. The most common reasons for denials include:
- Missing medical records;
- An insufficient or incomplete doctor’s statement;
- Failing to meet the plan’s definition of disability, which could require evidence that a claimant is unable to fulfill either his or her “own occupation” or “any occupation” depending on the particular plan;
- The discovery of evidence indicating that a claimant was untruthful regarding his or her limitations; and
- Missed deadlines.
A missed deadline is one of the most common justifications for denying a claim or an appeal. For this reason, it is critical that claimants carefully check the details of their policies to ensure that they file their claim on time. For instance, most plans governed by ERISA give claimants 180 days to appeal an initial denial. A claimant who fails to file within this time period will not be permitted to sue the insurer in federal court.
Each insurer has its own policies and deadlines, so to make sure that your file is appropriately stacked with evidence and submitted on time, it is critical for claimants to consult an experienced long-term disability attorney who is familiar with the process.
Contact a Long-Term Disability Attorney Today
To learn more about your rights and responsibilities under a long-term disability insurance policy, please schedule a meeting with a member of the legal team at the Law Office of Mike Gertner by calling 614-463-9393 today.