“Requesting a Review” of Your Long Term Disability Claim
Don’t be fooled. When the insurance company tells you that you can “request a review” of a decision to deny or terminate your claim for long-term disability benefits, it’s really a trick to keep you from hiring a lawyer. This is not a mere “review”, and the insurance company isn’t being kind. In reality, the “review” process is a FORMAL ADMINISTRATIVE APPEAL that the insurance company is REQUIRED to consider under the federal law governing long-term disability claims. This formal administrative appeal can be reviewed by a federal court judge, who can overturn the insurance company’s adverse determination.
Insurance companies do not want you to hire an attorney. They want you to write a short letter, explaining that you are disabled and asking for a review of your long-term disability claim. Later on, in court, you won’t be able to give the court any new evidence or information. The court can only review what the insurance company reviewed up until the time that your long-term disability appeal was decided. That’s why you need an attorney to appeal.
A formal administrative appeal is far more than a “request to review”, and it involves more than just submitting additional medical records. The appeal must be as much of a legal document, as it is a medical document. It must make solid legal arguments as to why the insurance company is not legally permitted, under the terms of the Policy or under federal law, to deny or terminate your claim for long-term disability benefits. Your appeal must challenge the insurance company, both on the facts and the law. And that is very difficult to accomplish without an experienced long-term disability lawyer who has a long record of success.
For more than a decade, Paul Walker and J. Brooke Hern have successfully appealed long-term disability claims to the biggest insurance companies, including Aetna, Cigna, The Hartford, Liberty Mutual, Lincoln Financial, Prudential, The Standard, and more. Call today for a free, no-obligation attorney consultation.