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If you have a disability that prevents you from working, a disability claim denial can be difficult to bear. Disability benefits are often the only way those with disabilities can pay for necessities. Unfortunately, disability claim denials are not uncommon. Even if you have a qualifying disability, paperwork issues or limited information can prevent you from getting the benefits you deserve.
If you are facing a disability claim denial, you do not have to deal with it alone. A Clearwater disability dispute lawyer from Herman & Wells can help you gather medical evidence and guide you through the appeals process. Our lawyers work on a contingency basis, which means you do not pay anything until we win.
Filing a disability claim is often described by employers and insurance companies as “a simple process.” Unfortunately, that is a deceptive description of what you will actually face. Filing a disability claim requires precise information to be provided on complex documents and supported by medical evidence. If you or your doctor make a mistake during the filing process, the claim could be denied.
Some of the most common reasons for disability claim denials include the following:
The complexity of disability forms makes it difficult to ensure your condition is accurately described. Consulting with a Clearwater disability dispute attorney for assistance with your application can help you ensure the form and supporting evidence are accurate.
Most employee-provided disability plans are governed by the Employee Retirement Income Security Act (ERISA). This means that specific steps must be followed for a successful appeal.
Our experienced disability dispute lawyers in Clearwater are familiar with the laws surrounding the process and the value of medical evidence in filing an appeal. At Herman & Wells, we help our clients during each stage of the appeal process.
Medical evidence is the most important part of a disability appeal. Filing an appeal is not simply an opportunity to state that you disagree with the decision. You must provide evidence to show why the decision is wrong. Sending in medical records or your doctor saying you are disabled is not enough. You will have 180 days to file an appeal when you receive your claim denial. This allows you to contact a lawyer and gather sufficient evidence to support your claim. Your attorney will help you gather medical records, vocational evidence, and other vital evidence to submit with your appeal.
After you file an appeal, the adjuster may ask for additional information. A lawyer will stay in contact with the insurance company to ensure the process stays on track and they are asking for proper information.
If your appeal is denied, you can file a lawsuit to contest the decision. Disability lawsuits are typically decided by a judge instead of a jury, and a trial rarely occurs. The judge will review written information from both sides and use it to make the decision. The information the judge reviews must be submitted during the appeal process before a lawsuit is filed. That is why having an attorney prepare your appeal is vital.
An appeal is the most important part of a disability dispute. Adding evidence after filing a lawsuit is typically impossible. An experienced attorney can help you gather evidence and correctly fill out the necessary documents.
Contacting a Clearwater disability dispute lawyer once you receive a disability insurance claim denial is the best way to effectively use the 180 days you have to file your claim. (This is for disability insurance claims; you only have 60 days to appeal a denial from Social Security Disability) Do not let complicated forms deter you from appealing your disability denial and getting the benefits you are entitled to. Contact the legal team at Herman & Wells to schedule your free consultation.
