What You Need To Know About Your Disability Claim

Posted on Wednesday, June 1st, 2022 at 1:43 pm    

When you need to file a disability claim, there are some things you need to keep in mind. The first is that it will take time for your claim to be processed. The next is that incomplete or missing information could lead to the denial of your claim.

First Steps in Filing a Claim

Almost all long term insurance companies have the same process for filing a claim. It’s best to have an attorney review the policy with you to determine whether there are differences in the process for filing a claim in your case.

Your claim will require several written statements.

  • Your statement will contain your personal information, where you work, the exact nature of your job, and how your disabling condition affects you. You may also be asked about any other sources of income (pensions, veteran’s benefits, other disability payments) and medical insurance.
  • Your doctor’s statement, also called the “attending physician statement” (APS), is what explains your medical condition and how and why you are unable to return to work. It must be completed by the doctor who is actually treating you for your injury or illness. The doctor’s statement will indicate whether you will eventually be able to return to work and when.
  • Your employer’s statement must describe your job, what you do in the company, and how your disability has affected your ability to work in that role. It should also give your salary and your wages lost since your injury if you’ve had to stop working. If you filed for workers’ compensation or other work-related benefits, your employer needs to explain those and the value of that compensation.

Once the statements have been completed, they will be sent to the insurance carrier for review. The review period may last a few weeks to a few months, depending on the company. Your company may ask for additional medical records or other documents. Provide these as soon as they are requested. Any delay can result in your claim being denied. If you have pressing questions about your claim, don’t hesitate to reach out to us today.

patient discussing disability

While You Wait

If you have short-term disability insurance, you may begin receiving payments immediately while you wait for your long-term disability claim to be accepted. These insurance payments are intended to provide you with partial income replacement until your long-term payments begin.

Short-term disability insurance is usually provided by your employer and only lasts three to six months, although some policies can last up to a year.

If your long-term policy has a “social benefits offset rider,” you’ll have to apply for Social Security disability benefits at the same time as you apply for your insurance benefits. It costs you nothing to apply for SSDI, so it doesn’t hurt to apply. You can also apply for Medicare while waiting for your claim to be processed if you have no other insurance.

Doing all this extra paperwork may seem excessive, but it gives you a head start in case any of your claims are denied. If your long-term insurance claim is denied, your SSDI claim is already in process. If you need additional insurance, your Medicare application will already be in the works. If you don’t qualify for Medicare, you are already in the system for low-cost insurance. Contact us today.

How We Can Help

If you don’t already have long-term disability insurance, you should see if your employer offers it. According to LIMRA, an organization of financial and insurance companies, most people believe they should have long-term disability insurance, but only one in five actually have it.

If you currently need to file a claim, you should contact legal assistance right away. As noted, disability claims depend on filling out paperwork and meeting deadlines, and doing any of that incorrectly means your claim can be denied. A knowledgeable attorney from Abell and Capitan Law can review your claim before it goes to the insurance company and make sure that nothing has been overlooked.

If you have filed your claim and it has been denied, we can help you with the appeal. Claims that have been sent back for documentation or deadline violations can often be challenged, but the requirements are strict. Your insurance company will ask for specific documents, and you must return them in a very short time. At Abell and Capitan Law, we can make sure you send the paperwork by the deadline to appeal your case. Contact us today.

disability law

Contact Us

Call the long-term disability lawyers of Abell and Capitan Law at (267) 419-7888 today for the answers to any questions about your disability claim. We are here to assist you in getting the compensation you need for your injury, and we’ll work to keep your claim from being denied. Call us today, or contact us online.

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