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What to do if your long-term disability claim is denied

If you have been diagnosed with a chronic condition that makes it difficult for you to continue working, you may rely on your long-term disability benefits to make ends meet. When you file a claim for long-term disability, the claim administrator over your case will determine whether there is sufficient evidence indicating that you suffer from a disability and truly deserve benefits. However, there are incidents where long-term disability claims have been denied, even when medical documents show that there is an actual case of disability. What do you do when your claim has been denied?

The Employee Retirement Income Security Act gives you the right to appeal your denied claim. First, you may want to request your file from the insurance company. This shows all of the evidence, such as doctors’ files, memos, charts and reviews, the administrator used to make his or her decision to deny the case. Now you can check for any incomplete information or miscommunication that may have occurred in your files. You can also get detailed medical letters from your physicians indicating your chronic condition and how it acts as a disability in your life. You can also include notes from your employer and people in your life who witness your struggle on a daily basis.

Once you have sufficient information, you can file an appeal. This process can take some time; however, there are ways you can speed up the process. In some cases, the insurance company may offer mediation or arbitration where you and an attorney can meet with officials to discuss the details of the case.

This information is intended to educate and should not be taken as legal advice.

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Jon Michael Smith Attorney

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