If your long term disability has recently been denied or cancelled by your insurance company, you may wonder what options there are for appealing long term disability. To help you make an informed decision, we have provided the following guidelines for appealing long term disability. It is crucial to initiate the appeals process promptly.
Long Term Disability Appeals: Internal vs External
In some cases, you can appeal the denial internally with the insurance company, seeking reconsideration. For instance, if you initially provided insufficient medical documentation, you may be able to submit more substantial evidence from your physician. However, internal appeals are rarely successful since insurance companies are not motivated to overturn their decisions for financial reasons.
Additionally, they often take a significant amount of time to process, potentially leaving you waiting for months or even years. Considering that the statute of limitations to sue the insurance company is typically two years from the date of denial, it is not advisable to rely solely on internal appeals.
The better option is to pursue an external appeal with the assistance of a long term disability lawyer. By taking your appeal to court, you will have an impartial decision maker who is more likely to grant you the benefits you deserve. In many cases, insurance companies choose to settle the appeal out of court
to avoid costly litigation. Engaging a lawyer will ensure that you are well-prepared for the process and significantly increase your chances of a successful appeal.
What You Need for a Successful Appeal
To ensure a successful appeal, consider the following steps:
- Obtain the insurance company’s denial in writing: For a long term disability lawyer to review your claim thoroughly, ensure that the insurance company has provided a written decision. You may also request a copy of your file from the insurance company, enabling the lawyer to examine your
complete claims history. - Gather supporting documentation from your physician: Your lawyer will help you compile all the necessary evidence to support your claim, including up-to-date and comprehensive documentation from your doctor(s) regarding your disability.
- Seek legal assistance promptly: Remember, the statute of limitations to sue your insurance company is generally two years from the date of denial. Instead of relying solely on an internal appeal, risking a time crunch and the added stress and confusion it entails, let one of our experienced long term disability lawyers guide you through the appeal process.
Denials and cancellations of benefits are quite common and can occur for various reasons including insufficient evidence of being “totally disabled”, inadequate medical documentation to support your inability to work, disagreement between the insurance company and your doctor’s assessment and surveillance evidence suggesting you are not disabled. Read more about why long term disability is denied.
If long term disability has been denied, it is important to remember that you still have recourse available to you. At Monkhouse Law, our team of experienced long term disability lawyers frequently assist employees who have had their disability insurance denied.
If you are in this situation, please contact our experienced lawyers at Monkhouse Law to discuss your specific case and receive professional assistance on how to appeal your long term disability.
- Questrade Layoffs: Understanding Your Employment Rights - November 30, 2024
- Court Affirms Protections for Whistleblower Employees: A Milestone Victory in Employment Rights - November 25, 2024
- Rogers Sports & Media Layoffs: Understanding Your Employment Rights - November 21, 2024