Any medical condition or combination of conditions could potentially qualify you for long-term disability benefits, as long as you meet the definition of disability outlined in your policy and the condition is not specifically excluded from coverage. However, some of the most common causes of long-term disability are arthritis, back pain, heart disease, cancer, depression, and diabetes.
To meet the definition of disability, you must provide the claims adjuster with evidence of your disability, such as lab and test results, X-rays, MRI scans, surgical reports, and notes from doctors who have treated you. Many claimants expect this to be easy, but claims are frequently denied due to insufficient evidence or misunderstood policy terms.
Appealing a denial or termination of your long-term disability claim can be overwhelming without the right experience, knowledge, and resources. If you need to file a lawsuit against the disability insurance company, it will only complicate matters further. We recommend that you speak with an experienced Tallahassee disability lawyer before moving forward after a denial.
We Help with Long-Term Disability Appeals for Tallahassee Claimants
We are often asked, “Can you represent me even if you are not in Tallahassee?” The answer is absolutely! We represent long-term disability claims nationwide because most are governed by a federal regulation called ERISA. Under ERISA, there are no jury trials or extensive in-person proceedings.
Instead, the process involves paperwork, brief writing, and mail correspondence. This means that we can effectively handle federal court cases anywhere in the country. Although our office is located in Pensacola, we have successfully appealed long-term disability denials for clients throughout Florida and across the country.
Steps to Take Immediately After a Long-Term Disability Denial
- First, you should carefully read the denial letter from beginning to end. The insurance company must reference the specific section of the policy on which the denial is based, describe what additional documentation or information is needed, and explain what specific steps you must take to submit an appeal.
- Next, you must request a free copy of your claim file. You must submit your written request for the file immediately, as it will take some time to obtain and review the file. The claim file should also include your disability insurance policy.
- You will then need to obtain evidence to support your claim. Review all of the evidence in your claim file and obtain any evidence that is not already in the file. You will need to “stack” the file with evidence because in most cases you cannot introduce new evidence, no matter how relevant, during an ERISA lawsuit.
- Finally, prepare and file your appeal. Your letter should clearly state that you are appealing the denial or termination of your claim. It should also state the basis for your appeal and include a list of the evidence you will submit. If you had help preparing your appeal or if it took a significant amount of time to prepare, be sure to mention this in your appeal.
Get a Free Case Evaluation with a Tallahassee Disability Lawyer
Do not let our geographic location keep you from contacting us to see what we can do to help you. The Ortiz Law Firm offers a free case evaluation for denied or terminated claims. Call us at (888) 321-8131 to discuss your legal rights with a Tallahassee long-term disability lawyer. We would welcome the opportunity to discuss your legal rights with you.