Lawyers and Settlements
Advertisement
Home Page >> Lawyer Interviews >> Long Term Disability Denial Letter from ..

Long Term Disability Denial Letter from Insurer is Not the End of the Road

. By

Many people on short term disability (STD) mistakenly think they will automatically be switched over to long term disability (LTD) providing their health condition hasn't changed.

Minneapolis, MNDisability insurance is intended to help individuals through rough spots, providing them with income when health problems keep them off the job. However, insurance companies are big corporations concerned about their bottom line. Unless policy holders can stand up to the insurance company's strict requirements during the critical cross over period from short term disability to long term disability there is a risk the benefits will be denied.

Short Term Disability and Long Term Disability



Short term disability policies usually run from six weeks to six months. After that, a policy holder whose condition has not changed, will often expect that they will automatically be switched over to long term disability status and their benefits will continue.

But, moving from short term disability (STD) to long term disability (LTD) is not always smooth sailing.

The reality is many insurers take that change over period as an opportunity to review and deny future benefits. Disability lawyer Kristen Gyolai tells clients who receive a "claim denied letter" never to accept it as the end of the road. It's not.

"What people don't realize is that there are many more hoops to jump through after you have exhausted your short term disability policy," says Gyolai from Fields Law in Minneapolis, Minnesota.

Gyolai has been helping people deal with insurance companies and disability claims for close to two decades.

"Sometimes one insurance company handles short term disability policy benefits," she says. "Then when those benefits expire individuals suddenly find they are dealing with a completely different company for long term disability benefits with different requirements."

The Cross-Over Period



The cross over period from STD to LTD will very likely mean the new insurer will conduct an intensive review of the individual's health status. It is not unusual for clients to come to Gyolai's office after they have received a letter denying benefits.

"People think, 'my condition hasn't changed and this will just roll over into long term disability'. But, it is just too easy at that point for the insurance company to take a look at the situation - and deny the future benefits.

"This is a wide open opportunity for the disability carrier to say we just don't think there is sufficient proof that your condition prevents you from doing your job," says Gyolai. "Or we don't think there is objective testing to show you have functional limitations. They then deny the claim for those reasons even though the individual's condition is no different than when the individual was receiving STD benefits.

"Again," says Gyolai, "These are very likely two different insurance companies, with two different sets of requirements. Just because an individual met the definition of disability to qualify for short term disability policy doesn't mean they are automatically going to meet the definition of disability in a long term disability policy."

Never Take No for Answer



A letter from an insurer denying LTD benefits can be intimidating. Many people just give up and go away. Many don't realize they can appeal that decision.

Gyolai tells clients they have every right to fight back and should fight back hard.

"People give up on these benefits all the time. The insurer counts on that," she says. "That is the saddest part. People don't think it is worth the hassle to jump through the hoops to get the LTD benefits.

"We routinely step in at that point to help the individual appeal the decision that the long term disability carrier has made," she says. "I would say don't give up. Let us do the heavy lifting. Let us fight the insurance company. We know how to do it.

"The insurance company will hire a medical reviewer to look at our client medical records and give an opinion to say they are not disabled or they do not meet the definition of disability in the long term disability policy."

Gyolai's team works with their own doctors to rebut the opinions of the insurance company doctors.

"We will ask our doctors to give an explanation as to why he or she does or does not agree with the reviewers' conclusions. We will also enlist the help of a vocational expert to parse out what is required in the job the person is expected to perform and use the use the medical restrictions provided by our client's doctors to show that person is not capable of performing those job duties," she explains.

Denial Letter is Not the End of the Road



People who have been denied LTD claims have a right under ERISA laws (Employee Retirement Income Security Act) to appeal these decisions.

"Talk to an attorney about how you can appeal," says Gyolai, "Don't take the insurance company's denial letter as the end of the road. It is not!"

And if that doesn't work, if necessary, then there's always the option of filing a lawsuit against the insurer.

Denied Disability Insurance Legal Help

If you or a loved one have suffered losses in this case, please click the link below and your complaint will be sent to an insurance lawyer who may evaluate your Denied Disability Insurance claim at no cost or obligation.
Request Legal Help Now

READER COMMENTS


Posted by

on
Beware of PA Workers Comp. Issues ...There are TWO separate Insurance Divisions in PA . Large Corporations that are able to finance their own Insurance and smaller business' are covered under PA Ins. , The BIG difference is private insurers follow PA State Workman's Compensation Law as written in the books , PA Ins. is different ! Under PA LAW I was denied Comp. Death Benefits when My Wife Marilyn was killed on the job by not only managements failure to follow State and Federal law . This non gender neutral law is still active . Her co-workers were trying to frighten her to quit by sending her into a known unsafe work area where 3 shifts of Union Workers earlier refused to work due to unsafe conditions . Marilyn was unaware of the problems . She was suffocated by a large rock fall in the mine where she worked . While the Commonwealth of PA States It Does NOT discriminate based on gender , the LAWS on the Books (still current 2018) allows Private Ins. to deny benefits to male survivors . I had TWO appeals to PA's Highest court ( once is rare twice unheard of ) and was denied both times . The second denial was due to COLLUSION between the High Court and PA State Legislature , this was reported in the Pittsburgh Post Gazette years later and yet still NO action was taken ...So BEWRE of PA and their State Insurance Laws . PA has some of THE Best Politicians that money can Buy ! My legal process was over 20 years long and I was denied access to Regular State Courts . Even the States Attorney General failed to bring criminal charges after the NOT so Secret Grand Jury Hearing , Due to the " Staleness of the Evidence " as the dozen or so witnesses all stated " I cannot recall what happened that day " . Before the hearing all the witnesses met with the company lawyer & were instructed " No one can Force you to recall something IF you have a bad memory " AND they were told should the Company have to pay out a large settlement that the " mine would close down " . The Federal and State accidents reports were " LOST " on someone's desk resulting in an 18 month delay . All the while I was calling and asking about these same reports the entire time week by week ! The Good ole Boys network alive and thriving here in PA .

Posted by

on
I fought for about 3 years for it. Then my attorney gave up. I have been collecting SSI. They paid me short term. Then after I was receiving SSI. Prudential sent me a large check. My lawyer said it was not the correct amount it was way to much to send it back. Then we never got any more from them. Its been about 3 yrs ago.

Posted by

on
Worked for Viacom long term disability was Unum!!

Posted by

on
I was a professional insurance agent for 25 years. I am a Chartered Life Underwriter and Chartered Financier Consultant. I had two LTD claims during that 25 years. One client and the other was me! They don’t want to pay or consider correct medical records when making their decision but rather how they can pay the least if not anything if they can get away with it.

Posted by

on
LTD benefits with MetLife were originally approved but were subsequently denied after ninth (9th) year of approved LTD benefits. Appeal submitted to insurer MetLife has also been denied.

ADD YOUR COMMENT ON THIS STORY

Fields marked * are mandatory. Please read our comment guidelines before posting.

*Name:

Note: Your name will be published with your comment.

*Email Address:

Your email will only be used if a response is needed.
*Your Comment:

Are you the defendant or a subject matter expert on this topic with an opposing viewpoint? We'd love to hear your comments here as well, or if you'd like to contact us for an interview please submit your details here.


Click to learn more about LawyersandSettlements.com