Long-Term Disability FAQ

Do I need an attorney to appeal the decision by the insurance company?

You are not required to have legal representation. However, your chances of having a successful claim for your disability benefits increase when you have an experienced attorney on your side.

How do I appeal?

In most instances it requires a written letter or a form provided by your insurance company.

What documentation is required for a successful claim?

Depending on the facts of your case, you will likely need medical and employment evidence. A letter from your doctor is only one important piece of the evidence necessary to establish your total disability; by itself it will not result in a successful claim.

The insurance company wants me to be examined by another doctor of their choice, what are my options?

In this instance you should immediately contact your attorney. Independent examiners are paid by the insurance companies, therefore they may not give a fair opinion regarding your case. You also want to ensure that their opinion is within their particular area of expertise.

Can my employer fire me?

Employers are only required to hold your position for 12 weeks of unpaid leave spanning any 12 month period in accordance with the Family Medical Leave Act. Depending on your employers' particular leave policy, they may fire employees who are on disability longer than 12 weeks. Your attorney can help assure you are not fired based on your disability alone.

Should I sue for disability benefits?

You may be required to exhaust all of your options with your carrier before going to litigation. However, those with an individual policy can file an action immediately.

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