Most insurance companies provide replacement income if you cannot perform the duties of your job, known as long term disability benefits.

A long term disability insurance policy can be purchased from an insurance agent or an employer may offer this as a part of a benefits package.

Making A Long Term Disability Benefits Claim

If you suffer from a medical condition that prevents you from working and you expect the condition to last for some time, you generally can file a long term disability benefits claim. The process involves three main steps:

• Completing paperwork explaining why the condition prevents you from working.
• Your doctor must certify you are unable to perform the duties of your job.
• Your employer will need to complete paperwork describing your job duties.

Once the long term disability insurance company receives all of this information, it will review your disability claim status to determine your eligibility. This process generally takes between two to six weeks, depending on the complexity of your claim.

What Happens If My Disability Benefits Claim Is Denied?

Long term disability insurance companies are running a business; like any business, they want to maximize their profits. To do so, they deny many valid long term disability claims and hope these individuals will not pursue their claims any further.

Some Insurance companies also retain doctors who they pay to give an opinion saying you are not disabled. Insurance companies will often hire private investigators to conduct surveillance and twist these videos to say you are capable of working.

If your received notice of a denied disability claim, you will need to appeal this denial. The deadline to appeal will be stated in the denial letter. Often, you will have only 180 days to appeal – but under some circumstances, you may have even less time than that.

Appealing a Denied Disability Claim

Filing a long term disability appeal involves three main elements:

• Informing the insurance company you are appealing the denial
• Disputing the basis for the denial
• Submitting all supporting evidence

The most persuasive evidence to the disability insurance company is objective personal testimony from you and people who have witnessed your disability. Reports from your treating doctors, medical questionnaires, and test results are also very helpful.

If the insurance company’s denial violates the law, it is helpful to provide legal citations documenting its illegal activities.

In most cases, you will receive a decision regarding your appealed disability claim status about 90 days after the appeal is filed. If your appeal is approved, your benefits will be reinstated.

If the denial is upheld, then depending on the terms of the plan, you may have the right to a subsequent appeal, or your file may be closed. If your file is closed, your next move is to file a lawsuit.

Filing a Disability Benefits Insurance Lawsuit

Even if your appeal is denied and you have exhausted all other means, you still have the right to sue the insurance company to restore your disability benefits and a disability insurance lawyer can determine whether or not there is a reasonable argument to be made in favor of reinstatement of your disability benefits.

If you feel you were unfairly denied disability benefits, it is recommended that you contact an experienced disability insurance lawyer as soon as possible.