This may seem obvious, but the most important part of your long term disability or short term disability claim is to file the initial application. There are several key things to keep in mind when you are filing the initial application:
- You should make sure everything you put on the application is true and accurate. You do not want the insurance company to deny you benefits because of a misstatement that the insurance company will twist into a fraudulent misrepresentation.
- There is always a time limit to file the application, also called a “proof of loss”. If you do not file the application within the specified time limits, you may forever lose your benefits.
- The application should not be treated as simply listing the names of your doctors and relying on the insurance company to obtain all the evidence necessary to approve your claim. You must be pro-active in making sure the insurance company has sufficient medical records and physician assessments to approve your claim for benefits.
- Besides your medical records, you should try and obtain functional capacity assessments from your treating doctors. Oftentimes the generic “Attending Physician Statements” provided by the insurance company are not specific enough to detail the limitations you have due to your individual conditions.
The Ortiz Law Firm has experience in handling disability claims from the initial application to lawsuits against insurance companies in state and federal courts. As recommended in my book, we always suggest that you should at least consult with an attorney to advise you of your legal rights and how to maximize your chance of having your claim approved.
Mr. Ortiz does not offer free consultations for initial applications for long term disability insurance benefits. However, Mr. Ortiz does offer consultations for such claims at a competitive hourly rate. To schedule a consultation with Mr. Ortiz, please contact him at (850) 308-7833.