You’ve worked hard your entire career, but you find yourself unable to practice your profession due to a physical or mental handicap. You’re not alone. In fact, some statistics indicate that an individual in their mid-thirties includes a 50:50 chance of having a condition which prevents them from working for at least three weeks until they retire. One out of seven employees will become disabled for a period of more than five years prior to reaching retirement.
Fortunately, you were wise enough to purchase disability insurance to offset the risk that you would become handicapped. However, disability insurance companies have developed a system to maximize gains and avoid paying your claim, regardless. How do you avoid having your disability insurance claim denied or terminated?
Among the numerous hurdles you will likely face when filing a claim for disability insurance benefits are:
- Understanding, interpreting, and properly following the terms of complex policies supplied by insurance companies;
- Recognizing, averting, and dealing with insurance companies’ attempts to wear out claimants by slowing the claim process;
- Ensuring that treating physicians take time and effort to document the handicap satisfactorily and in a manner, That’s helpful to your claim;
- Preventing insurance companies’ efforts to utilize out-of-context secret surveillance as a basis for terminating or denying your disability insurance claim;
- Ensuring independent medical and psychological evaluations are conducted appropriately, fairly, and without risking injury;
- Struggling insurers’ attempts to terminate or refuse disability insurance claims simply because the symptoms of the condition are subjective or self-reported;
- Overcoming the great number of different tactics and tools that insurance companies have developed to engineer a basis for denying legitimate disability insurance claims because their primary objective is profit.
Complex and Confusing Insurance Policy Language
The language of every insurance policy is complex and perplexing, drafted by attorneys and insurance company employees with an eye towards protecting their own interests. Terminating or when denying a claim, insurance businesses capitalize on the intricacy of their policies at the insured’s cost. The simple truth is there is no”standard” insurance policy contract, and the terms vary radically from policy to policy, where policy is generally circumscribed and restricted with different qualifying phrases and words. In order to conquer the insurance companies attempts to use jargon and legalese to avoid paying claims, it’s essential that a claimant understand the definitions of the major phrases and terms from the policy, as well as the ambiguities in those words. When phrases or words are either ambiguous or their significance isn’t apparent, courts will construe the meaning of these terms against the drafter (the insurance company) and in favor of another party (the plaintiff ). Having a thorough comprehension of your policy language might be the main step in filing your disability insurance claim. NOVA Injury Law
Efforts To Rip The Claim Procedure
Among the most frequent methods that insurance companies use to avoid paying benefits is drawing out the claims process for as long as you can. In this way, the attrition rate of claimants can increases, such that disabled individuals will just give up out of frustration. However, insurance companies have a legal obligation to make immediate decisions, and also a claimant tolerates delays.
Working With Your Treating Physician
Perhaps the most important aspect of a successful disability claim is the medical documentation of your disability. Many physicians might not always take the opportunity to write reports of your ailment and are extremely busy. It’s typical for doctors to simply copy-and-paste boiler-plate descriptive terminology into office visit notes that is really inaccurate or false. In a hurry, a doctor’s office visit note could consist of phrases that apply to the majority of patients, but that is completely inaccurate as applied to you. For example, a doctor’s report from an office visit may say that”individual is in no apparent distress,” when in actuality, the objective of your appointment was supposed to treat your chronic back pain that is preventing you from functioning. car accident claims lawyer
In addition, depending on your connection, they may not have any interest in devoting time to your disability insurance claim. Beautifully discussing your condition using a compassionate treating physician is vital to getting documentation of your condition which supports your claim.
After you file your disability insurance claim, it’s quite likely you will be secretly videotaped or photographed by your insurance provider during their evaluation of your claim. If they are able to document you engaging in activities that you promised you couldn’t perform, they will likely use this proof as a foundation to complete your claim. It is also not uncommon to your treating physicians in an effort to convince your physician to create statements that are against your interests and to sour your connection for insurance carriers to ship these videos. It is important to be recognizing these videos that are out-of-context may be misconstrued to achieve the goals of the insurance company. Disability Benefit & Claims Lawyer in Halifax Nova Scotia | Disability Lawyer
Independent Medical Tests
Insurance companies frequently ask disability insurance claimants to submit to an “independent” medical exam performed by a physician chosen and paid by your insurance provider. This creates a conflict of interest, where the doctor evaluating your disability has an incentive to diagnose your condition. You can also be requested to undergo exams. All these examinations can be stressful and even painful or dangerous. It is not unusual for parts of the examination to include diagnostic evaluations that are sensitive or lengthy. Of course, the primary goal of these exams is not to diagnose your situation. Rather, these examinations are often just another tool insurance businesses use to refuse or terminate your claim. It is important to be aware of your rights during this procedure.
Subjective Requirements and Self-Reported Symptoms
Probably the most common ailments for which insurance providers may deny disability insurance benefits are those in which the indicators or the intensity of symptoms are either subjective or not objectively measurable. By way of example, chronic back pain, neck pain, rheumatoid arthritis, and depression, are conditions in which the seriousness of the condition may be impossible to measure, besides with subjective statements in the patient, and verifiable signs may just be too hard to obtain. Nonetheless, insurance companies may deny claims for a lack of verifiable evidence of the status, capitalizing on the absence of evidence. In many cases, but the insurance policy’s terms do not have a provision which needs an insured to present evidence of the disability. Where the symptoms are verifiable to understand the real terms and provisions of the insurance contract, it is completely necessary for a claimant with a disabling illness.