Short Term Disability Claim Denied? Here’s what you can do.
If you have had to stop work due to illness or injury and your short term disability claim is denied, you should immediately consult with a lawyer. Read more below.
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If you are dealing with a Disability Claim, call the experts at PW Lawyers.
Short Term Disability Claim Denied? Here’s what you do.
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Topics described in this article:
- What is a Short Term Disability Claim?
- The Initial Assessment Process
- Receipt of a Short Term Disability Claim Denial
- How to Appeal the Short Term Disability Claim Denial
- The Usual Claim Process & Precautionary Measures
- Hiring PW Lawyers to Represent Your Claim
What is a Short Term Disability Claim?
Short-term disabilities occur as a result of accidents, illnesses, or incidents that require a timeframe for bringing an employee or individual back to sufficient health. This period, or, the “short term”, is intended to manage the process of healing in order for an individual to carry out the duties required by an employer.
In general, to claim disability, you must provide proof of the disability. There are many claims whereby an individual subjectively states they are disabled, such as “it hurts when I bend over”. You must provide objective evidence from, for instance, a doctor.
While short-term disability insurance creates benefits that will work in the short term (usually less than a few years), long-term disability is more suited towards lengthier periods; longer than a few years and lasting towards retirement, or, life.
When a short-term disability claim (or any claim for that matter) has been submitted, an individual will usually require a doctor’s note requesting leave or a need for prolonged absence. This note will clarify why the individual cannot complete the obligations of their occupation.
You may need to provide reasons for work stoppage, earnings and benefit information, tax information, additional earnings, compensation information, job requirements, declarations, medical information, and more. In some cases, companies will ask you questions such as:
- What was your last day of work?
- What were your first symptoms?
- A description of why you are unable to perform your regular duties
- ..And much more.
The Initial Assessment Process
Any costs incurred in the completion of forms are usually the responsibility of the patient, however, in many cases our lawyers will be able to recoup costs towards fees. Read our blog post on Short Term Disability Benefits to understand what you may be entitled to.
Receipt of a Short Term Disability Claim Denial
Denial letters from insurance companies will usually give reason why an insurance company has denied the claim. This note may accompany a statement of your short term disability policy, copies of medical reports, and any other documents that have been provided in the initial claim.
The right to claim benefits stems from a collective agreement. Both parties; insurance and insurer, must agree that a disability may procure support from the insurer. If the insurer’s terms suggest that an employer does not have to pay salary, there may be more reason for the claim to proceed in court. In certain cases, a judge will decide the intent of the insurance company and its perceived obligations to you; the insured. Simply put, even though you may have agreed to an insurance policy, it may not exactly hold true to what the agreement represents.
It does not matter whether your insurance company
- 1.) The Insurance Company is in the right
- 2.) You do not qualify for the financial and medical security and support that you should be receiving from the Insurance Company, after filing your claim
If your short term disability claim has been denied, or you feel that you or a loved one have been wrongfully denied long-term disability, then we highly suggest you contact a Disability Claim Attorney.
Appealing Short Term Disability Denial
Are you appealing short term disability denial? We find that an overwhelming number of claims are denied . DO NOT hold yourself responsible. It may be a motion of bad faith on behalf of the insurance company. PW Lawyers , with many years of experience, will be able to help you with your claim .
Numerous examples of insurance companies have poor conduct in providing insurance after appealing short term disability denial. In some cases, insurers will reject medical evidence and make errors in a claim. In some instances, subjective evidence will be put forward for a claim (e.g. fybromyalgia). This must be objectively proved in court such that a test will be created to conclude whether a personal will reasonably come to the conclusion that the disability occurs within the benefit plan. However, this may not always hold true.
Short Term Disability Claim Denied… Again?
Short Term Disability Denial can be a lengthy process. In many cases, an appeal may go through two or three review sessions until a satisfactory conclusion is made. Do not despair – here at PW Lawyers, our top disability lawyers are here to help.
If your insurance plan has a policy towards how it will be handled in court, then it is expected to be followed. This is where you should hire a lawyer. PW Lawyers will take the correct steps to ensure that if, for instance, the manulife short term disability claim, denied the proper legal proceedings, you may be in a better position to display their bad faith towards the claim.
In some cases, if there is medical opinion that is mounting towards your denial, that must be made clear to your lawyer. If not, your lawyer will also recognize the malintent of your insurance company. Contact us today for a short term disability attorney if you are appealing short term disability denial.
The Short Term Disability Denial Process
If you would like more information on the claims process, we encourage you to read this link: Disability Claim Denied the First Time . Many people are denied after going through the claim application and filing for a long term disability or personal injury insurance claim.
Types of Disability Claims (Long Term)
There are many types of Disability Claims based on your insurance package, or lack of insurance package as a result of your employment terms. Here are a few.
The Waiting Period
Long Term Disability Waiting Periods, or, Health Insurance Waiting Periods, are specific lengths of time that must pass before some or all of your health care benefits can begin.
Experts say: DO NOT file another short term disability claim on your own.
If you are considering authoring a second appeal for short term disability on your own accord without adequate representation, you may be denied a second time. In most cases, claimants will not have another chance to appeal. This course of action would have a negative impact on your health – life-altering changes will occur.
How should you handle the appeal?
A quick online search will reveal templated letters, DIY appeals kits, and large books designed to educate you. While these resources may be useful to understand the process, they do not replace the added benefit of legal representation from a long term disability lawyer . In short, seek legal advice immediately. Our team has years of experience working with claimants and are a valuable resource.
Do not take your life into your own hands when appealing long term disability denial. You may end up in debt and physical/mental instability from the arduous process.
When hiring a lawyer, expect to gain access to a platform designed to support you. Legal management will assist in gathering pertinent information in your case including: doctors’ notes, accident statements and reports, medical records and files, and other information. Your long term disability claim must be expertly built in order to defeat any doubt in your claim.
Insurance companies may have a backlog of appeals which will add time to the decision. You may be subjected to waiting and a long administrative process which will drain you financially. Many short term disability lawyers and short term disability appeal experts will be able to assist with funds depending on your case. We suggest you contact us for more information – there may be an opportunity to help.
Along with our free consultation , if your case is taken on, we may assign a personal support worker to help with your physical or mental ailments in the process. This is an important part of rehabilitation for you. The services that an expert long term disability professional may provide for you will help in the long run.
It is at this point that PW Lawyers suggests you retain legal council and further your claim appeal process with legal representation and guidance. We do not want anyone to give up, feel defeated, and resort to disability loans.
Further, if you have any questions or concerns regarding a filed disability claim, or how to begin the appeal process to a denied disability claim, PW Lawyers are here to help. Please Contact Us for any questions.
