Why Band-Aid Legal Solutions Don’t Work in Disability Insurance Claims

Why Band-Aid Legal Solutions Don’t Work in Disability Insurance Claims

When you have submitted your disability insurance claim and the claim has been denied, often repeatedly, the hope and wish is that there is some quick fix to changing the mind of the insurance company who seems to have found any and every reason – which sometimes feels like no valid reason – to deny your claim.



By “Band-Aid Legal Solutions” I mean attempting to take steps that common sense suggests would result in making a denial into an approval. Here are a few examples of solutions that rarely work:


  1. Appealing Through the Insurance Offered Appeal Process: While this need not be a “band-aid” solution, it seems that appeals pursued in this manner rarely work. That is not to say they never work, but in order to have any reasonable chance for a successful appeal, there needs to be additional and very compelling “new” information, where often none is available. Doctors are often frustrated by being asked to assist in such appeals, as they feel that they have said all that they can about the reasons you are unable to work. A further letter from your doctor saying that they really meant what they already said is unlikely to sway the insurance company to change their mind. Of course, you can hire and pay a lawyer to assist you with an appeal, and while these may succeed, they can be expensive and there is no guarantee that such an appeal will work.


  1. Appealing on Your Own by Suggesting an Early Return to Work is Possible: Some people hope that by suggesting that they are optimistic that they just need a little more time and then they’ll be able to get back to work might persuade an insurer to pay their claim, as it won’t be for very long and won’t cost the insurance company very much. This approach doesn’t work in most cases and it is fraught with the risk of you having your words turned back on you later when you haven’t returned to work.  The insurance company may say that you said you were fine and were going to be able to return to work in the relative short-term, and, so it goes, if you didn’t return to work it was due to other factors besides any legitimate medical condition.


  1. Writing a Lengthy Appeal With Sound Reasons for Why You Should Be Paid: If you are pretty good with being able to express yourself in writing, you may feel that no one can put your case forth as forcefully as you can, because who knows the reasons you can’t work better than you? Again, this is unlikely to work and the insurance company may say that anyone that can write such an articulate and well-written appeal clearly has the ability to work, particularly if the job you were doing was white-collar or sedentary. You may say that this appeal took you a long time to write and could not be completed with the speed that your employment requires, but the insurance company is unlikely to see it that way.


Unfortunately, in most disability insurance cases, nothing can replace the sometimes lengthy process of pursuing your case through a legal process, either through the courts (or in some cases, where unionized, through a grievance and arbitration).  


Has your long term disability claim been denied? Contact Share Lawyers and put our experience to work for you. We offer free consultations and there are no fees unless we win your case. Find out if you have a disability case.
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