LTD Benefits: Key Misconceptions
- Your LTD insurance carrier will protect your interests regarding your benefits and help get you approved.
- Your HR department is on your side and will help ensure you get the deserved benefits per the policy.
- You don't need a lawyer: your medical record will persuade the LTD carrier to approve the claim.
LTD Benefits Denial: Essential Considerations
Uneven Playing Field:You cannot assume that your LTD insurance carrier will put your interests first. Policies are carefully written and crafted to tip the scales in the insurer's favor. Denial of claims saves them money since the majority of people denied either miss deadlines, don't hire counsel or file a claim in Federal Court (ERISA wrongful denial). Hiring counsel is therefore critical at the moment your LTD claim has ben denied.
Medical Documentation: Your doctor will not necessarily provide the proper documentation that you need to support your disability claim. Some doctors don't want to be bothered with all that paperwork. Others don't understand what is needed to create a properly documented medical file including details connecting your medical condition to how the condition limits and prevents you from performing your past job or any job.
So-Called Friends: Do not rely on the LTD carrier or your employer's HR department to help you. They have an inherent conflict of interest; their primary allegiance is to their employer and not to protecting your interests.
Conclusion: Many claimants rely on the misconceptions above described and are denied; they face the daunting task of taking the claim to Federal Court. Instead, expect a hard fought battle from the outset requiring legal expertise to ultimately litigate an ERISA claim in Federal Court.