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, 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, informing him or her what kinds of questions 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.
Disability insurance carriers often make the claim process as daunting as possible. None of the problems is insurmountable; however, they are certainly difficult to tackle alone. When faced with a possible disability insurance claim, insureds should consult an attorney experienced in this area of the law so that they can maintain control of their financial future. Edward O. Comitz and the attorneys of Comitz | Beethe have earned a national reputation for prosecuting claims on behalf of individuals based on fraud and unfair business practices in the disability insurance and healthcare industries. For more information on our qualifications, see our Attorney Profiles.
Contact our office online or call 480.998.7800 to speak with attorney Edward O. Comitz about your disability insurance claim.