Long-Term Disability Appeal Checklist
Appealing the denial of disability benefits under the Employee Retirement Income Security Act (ERISA) is both a right and an obligation. Before you can sue for benefits, you must appeal the denial, and every bit of information you plan to include in a lawsuit must be part of the record during the appeal. Supplying the following information to your health plan doesn't mean your appeal will be granted; rather, it creates the only record and documentary evidence upon which you can base any subsequent litigation if your appeal is denied.
If you have any questions about how to file and what to include in your individual appeal, consult legal counsel. Kantor & Kantor wants to help!
Long Term Disability Appeals Checklist
There are several things you should do if you plan on appealing your denied long-term disability claim. Please note that because every claim is unique, this is not an exhaustive list, merely a reminder of the most important materials for appeal.
- Get your claim file. You can't put together a puzzle without all the pieces. Request your claim file and policy from your insurance carrier before initiating the appeal process. The claim file should include all medical records reviewed, internal notes and memos, outside doctor reviews, surveillance video and any other information the insurance company used to make a decision on your claim. Review all of this information so you know what to focus on in your appeal.
- Supplement medical records with personal statements. Medical evidence alone may not lead to the conclusion about whether or not you can work. The reasons you can't work should be explained thoroughly by your doctors in letter form.
- Get written support from any and all treating physicians, not just the doctor treating you for your "main" disability. The more people you have explaining your limitations and restrictions, and how your life has been adversely impacted by your illness, the stronger your claim becomes. You should get records and letters of support from your general practitioner, specialists (orthopedic surgeons, rheumatologists, neurologists, cardiologists, psychiatrists, etc.), chiropractors, acupuncturists, physical therapists and any other health professional who can weigh in on your ability to work.
- Get written support of your former employer whenever possible. Other than your doctor, no one else is more qualified to say whether or not you can work. Obtain a copy of your personnel file. A history of good performance reviews, with the only negatives coming in the time immediately preceding the end of your employment, certainly shows the insurance company that something changed over time that is now causing your inability to work.
- Use the decisions of other agencies paying you disability benefits. An approval by State Disability, Worker's Compensation, Social Security Disability, a disability retirement plan, CalPERS or any other source of disability related income is valuable evidence you can use to prove your inability to work.
- Get written statements from people in your personal life. While they may not be medical experts, a spouse, other family member, close friend, or former co-worker can all provide excellent insight into the struggles you face on a daily basis. The insurance company hires private investigators to attempt to catch you involved in activities you say you can't do. You can use the same tactic by having people from your personal life tell stories about the difficulties they've witnessed.
Contact Kantor & Kantor today to get started with a free consultation. We want to help!