Filing a Disability Claim
When a client needs to file a disability insurance claim, our attorneys offer experienced legal advice and counseling to walk our client through the entire claim process. Disability insurance claim forms are replete with “gotcha” questions and hidden agendas. For example, an insured may be asked to quantify in percentages what work activities he or she was engaged in pre- and post-disability. To the extent that there is any crossover, insurance companies will often deny benefits or provide benefits merely for a residual, or partial, disability. We work to successfully complete vague and confusing insurance claim forms in a way that most accurately and completely describes our clients’ disability in relation to their specific insurance policy and ensures that clients do not unwittingly prejudice their rights.
Once a disability insurance claim has been filed, the insurer will likely request medical releases in order to review the insured’s medical records and discuss the insured’s condition with his or her treating physician. We make certain these releases are not overly broad so that the insurer cannot conduct ex parte interviews of the treating physician. Instead, we handle all requests for medical information, carefully scrutinizing the insurer’s questions to make sure that it is not asking for information in a way that solicits an answer that will unfairly prejudice the client’s claim or violate the law.
Our firm advises clients on who the insurers are likely to contact to discuss their disability, including physicians, coworkers, employers, employees, ex-employee, spouses, ex-spouses, friends and family. We then counsel our client on how to prepare for this situation to ensure that questions are answered honestly and completely. We also prepare our client for the insurer’s initial, often extensive interview, and inform him or her about the kinds of questions that will be asked and how to answer honestly and consistently. We require that all insurer requests for information and interviews are coordinated and attended by our attorneys in order to ensure fair and proper preparation and accurate documentation.