The decision to file for disability benefits is never an easy one. The uncertainty surrounding your income and health can be overwhelming. If you work for a company, your human resources department might assist you in this process. But your employer might alternatively take a hands-off approach to disability insurance altogether, passing off your application to the insurance carrier. Not only that, but if you are like many, you probably have not thoroughly read your disability insurance policy, placing you at a distinct disadvantage when dealing with your insurance company. This could result in the denial or devaluation of your claim. Let’s take a look at some of the do’s and don’ts when filing your application for employer-provided disability insurance benefits.

Victor Peña Law Is Here for You When You Need Us

Getting your application right can save you time and provide you the financial security that you will need moving forward. Attorney Victor Peña will guide you through your initial application and make sure that you present the most compelling case to get your claim approved by the insurance company. 

In the event that your initial application is denied, we are able to file your appeal and provide you with the peace of mind in knowing that someone is fighting for your rights. The sooner in the process that our firm is retained, the faster we can get you your payments. Reach out to Victor Peña Law at 954-515-5504 or contact us online for a free consultation.

Insurance policies are contracts. As with any contract, the parties are bound to its terms and conditions. When filing for disability insurance benefits, the first step is to obtain your insurance policy from your employer or insurance company and then review the terms and conditions of your policy. Notably, the policy will outline the conditions in which you are entitled to short-term or long-term disability payments. It should also detail the circumstances in which the insurance company can deny your claim.

Your disability insurance policy probably contains terms and phrases that you might be unfamiliar with and find hard to understand, which is normal. Your human resources representative may offer to assist here, but in all likelihood, you will be on your own when trying to decipher the legal language contained within your policy. Moreover, your HR department is likely not experienced in handling disability claims.  After you have reviewed your policy and submitted your application, the insurance company will investigate whether you are eligible for disability payments under your policy. This investigation will likely include a review of your employment records, medical documents, interviews with your co-workers and immediate superiors, and potentially an examination by an independent third-party doctor or medical professional. Once the investigation is complete, the insurance company will either approve or deny your claim. In the event of a denial, you are entitled to an appeal.

While it is possible to successfully submit a disability application without a lawyer, doing so may put you at a serious disadvantage. Insurance companies make it their business to deny claims, placing you in a situation where you may not have the income to provide for yourself or your family. The initial application process can be confusing without guidance from an experienced disability insurance lawyer. More importantly, the initial application sets up your entire claim and any mistakes made on the application may be near impossible to fix on appeal if the initial claim is denied. An experienced disability attorney can set up the claim to give you the best likelihood of getting approved and staying on claim in the future. 

It is not uncommon for the initial application to be denied. If this happens, you may have a right to appeal that decision. However, once a claim is denied the processing of appealing if the claim is governed by ERISA can be exhaustive. It is always better to make sure the application is handled properly by an experienced professional rather than fighting to fix problems in an improperly completed claim application.