Once you are denied long-term disability benefits, the appeal process begins with a letter you must submit to the insurance company stating all of the reasons they should reverse their decision to deny your claim. If the insurance company denies your appeal, you may then file a lawsuit in which the court may grant or restore your disability benefits. This two-step process often leads to a misperception that you can appeal to your insurance company on your own, and wait to hire a lawyer until you need to file a lawsuit.
Your First Appeal Letter Will Be Used In Court
You need a lawyer to prepare and file your appeal to the insurance company because you won’t get a second chance to make your case. Most people don’t realize that the appeal letter they submit to the insurance company will determine the success, or failure, of their court case. This gives the insurance companies a big advantage, because many claimants may first try to reason with their disability carrier by filing an appeal letter that they write themselves, without the expertise of a lawyer.
The Court Will Decide Your Case-Based Solely On The Appeal Letter That You Submit To The Insurance Company, And You Will Not Be Able To Testify In Court
Writing your own appeal letter, without a lawyer, can be a mistake that prevents you from getting the benefits you deserve. That’s because your success in court will depend solely upon the contents of your first appeal letter.
When your case is heard in court, the judge will only be able to examine your appeal letter and the reasons for the insurance company denying your appeal. So if you try to write your own appeal letter and that appeal letter is denied by the insurance company, you won’t be allowed to submit any new information, facts or records to the court. Your appeal letter has to be complete, with all the information that is needed to win your case in court, if the insurance company denies your appeal.
There Are No Second Chances; If You’ve Been Denied, Then You Need A Lawyer To Prepare Your Appeal Letter
That’s why you need a lawyer from the very beginning of your appeal before you file an appeal letter with the insurance company.
The attorneys of Walker & Hern, LLC will work with you and your treating physicians to make sure that your appeal letter is complete, and that it can serve as a basis for winning your case in court. Don’t go it alone. Our firm has significant experience helping people just like you retain or defend their Long Term Disability Benefits. Contact Walker & Hern for a free consultation.