HAVING A LAWYER BY YOUR SIDE IS CRUCIAL
THE FIRST STEP IS TO APPEAL YOUR DISABILITY CLAIM DENIAL
After your claim for long term disability benefits has been denied, the appeal process begins by submitting a letter in writing outlining all of the reasons you disagree with the denial decision and why you are disabled. If the insurance company denies your appeal, you may then file a lawsuit in federal district court in which the court may grant or restore your disability benefits. There is often a misperception that because of this two step process, claimants do not need a lawyer until after the appeal is denied when it is time to file the lawsuit. This could be further from the truth.
YOUR APPEAL LETTER WILL BE USED IN COURT
It is crucial that you hire a lawyer to help you with the appeal process because you will not get a second chance to make your case. Most people don’t realize that the success or failure of their court case will be determined by the appeal letter they submit to the insurance company. This gives the insurance companies a big advantage, because many claimants may first try to reason with their disability carrier by filing an appeal letter that they write themselves, without the expertise of a lawyer.
ONCE IN COURT, YOUR CASE WILL BE DECIDED SOLELY ON THE APPEAL LETTER AND INFORMATION GATHERED BY THE INSURANCE COMPANY. YOU WILL NOT BE ABLE TO TESTIFY, AND, FOR THE MOST PART, ARE BARRED FROM PROVIDING NEW INFORMATION.
As a result, writing your own appeal letter, without a lawyer, can be a mistake that prevents you from getting the benefits you deserve. That’s because your success in court will depend solely upon the contents of your first appeal letter. In court, the judge will only be able to examine your appeal letter and the reasons the insurance company denied your claim. This is referred to as the “Administrative Record”. So, if you handle the appeal yourself, and the appeal is denied, you will not be able to submit any new information to the court.
THERE ARE NO SECOND CHANCES; YOU NEED A LAWYER TO PREPARE YOUR APPEAL LETTER.
That’s why you need a lawyer from the very beginning of your appeal, before you file an appeal letter with the insurance company. Claire Bushorn Danzl, Esq. will work with you and your treating physicians to make sure that your appeal letter is complete, and that it can serve as a basis for winning your case in court. Don’t go alone through this appeal process. Call The Bushorn Firm today for a free telephone consultation, so that you can get the long-term disability benefits that you are entitled to receive. For more information about The Bushorn Firm, click here.