Hi, I'm Nick Ortiz. I'm a board certified disability attorney in Florida.
Today I'm here to talk to you about three steps you should take if you've been receiving long term disability benefits, but they've been cut off by the insurance company.
The first thing that you need to do is to request your claim file from the insurance company. This is going to have everything in your case all in one place. The insurance company typically has up to 30 days to provide you with a copy of the file. This is going to have everything that they've reviewed in making a determination on your case. It's going to have all your medical records, any medical records that they've requested from their doctors. If they've conducted surveillance, it's going to have your surveillance video, and it's going to have all the information that you need to review before preparing your appeal.
Next, you need to prepare a plan for your appeal. You need to build a case. You need to plan an attack of all the evidence that they've provided. For example, if they hired a non-examining physician to review your file, then you need to attack any findings that that doctor had about your case. Number two, is if they sent you to a compulsory medical examination and there are certain findings by that doctor then you may need to work with your doctors to try to refute some of the findings of their doctor. Next, is they may have provided a vocational assessment. That's a job assessment about the types of jobs that you may be able to do. Maybe they didn't have the right occupation that they evaluated, so you need to come up with your own vocational assessment to attack their assessment. And finally, perhaps they conducted surveillance, and the surveillance can be inaccurate. Maybe it's even of the wrong person. So you need to have the ability to attack what they have on video.
Finally, step three is to actually prepare your appeal and submit it. Now typically you have 180 days, but you need to review the denial letter carefully to determine how much time you have to submit your written appeal. And often times, you need the entire 180 days, if it is 180 days. But what you want to do is submit all the evidence that you've prepared against the evidence that they've provided and then you need to provide your own evidence. And your own evidence may be updated medical records, assessment forms from your own physicians, a vocational report, perhaps even and affidavit from you directly attacking some of their evidence. You may also get some affidavits from friends and family. So you need to provide all of this evidence in support of your appeal in one package.
One other element to filing the appeal is you might want to put in some of the legal reasoning as to why their decision was in error. And that's where we can really be of some assistance. Is providing assistance in helping attack the legal rationale and legal reasoning why the decision should be overturned. So if you would like assistance from and experienced long term disability attorney, you should request a free copy of a book that I wrote called the Top 10 Mistakes That Will Destroy Your Long Term Disability Claim. You can request a free download of the book at www.FreeLTDBook.com or give us a call today at 850-308-7833. Thanks for watching. We look forward to hearing from you.