Unfortunately, most of my clients retain our firm after they have applied for disability benefits and have been denied. Despite being legitimately disabled, despite submitting all of the information required by insurance carriers, they still are unsuccessful in their attempts to obtain much-needed disability benefits.
The Insurance Carrier Mantra: Deny, Deny, Deny
What most people don’t realize is that while insurance carriers are more than happy to accept your monthly premiums, they are not nearly as happy to make good on providing you with your benefits when and if you ever need them. The same holds true whether you have disability insurance through your employer, or you have a private disability policy that you have been paying for year in and year out. Why is that? Because insurance carriers are not in business to pay out benefits; they are in business to make money for their shareholders, and that probably does not include you.
It is common, regardless of how severely you are disabled, for the first response from an insurance carrier to be no. They are betting that most people will take that as a final answer. They also are betting that most people will not hire a disability attorney.
Consult A Disability Attorney
If you find yourself in a situation where it becomes impossible to continue working, the first thing to do is review your disability policy (or plan). (Actually, everyone should review their policy/plan way in advance of needing it.) The next thing to do is seek advice from your treating doctor. Ask your doctor for an opinion as to whether it is feasible for you to continue to work. If you have been treating with regularity and your doctor is aware of changes in your physical condition, he or she should be able to give you a comprehensive prognosis.
Then, the most prudent thing to do is to consult with an attorney who focuses on disability, and has experience dealing with insurance carriers. He or she should be well versed in that specific area of the law, and should understand how insurance carriers operate relative to disability claims. Disability attorneys understand plans/policies; are very aware of insurance carrier imposed deadlines; and will be able to assess whether you have a viable disability case.
An added benefit of retaining a disability attorney is that insurance carriers will realize that you are serious, that you are not just going to give up, and that you have someone on your side who is prepared for the obstacles they may put in your path.