Standard and Long Term Disability - Appeal of a Denial Letter

Hi, I'm Nick Ortiz. I'm a board certified disability insurance attorney in Florida.

Today, I'm here to talk to you about The Standard Insurance Company or The Standard for short.

You're probably here today because The Standard has denied or unreasonably delayed the handling of your long term disability claim.

There are five primary reasons why The Standard may have denied your claim.

Number one is that they sent your file out to a doctor for review. Or they may have sent you to the doctor for an independent medical examination. Based upon either this review of your file or the independent medical exam, the insurance company denies you because they find that you do not have sufficient limitations as a result of your medical problems. In other words, their doctor didn't find a whole lot wrong with you and the insurance company is using those findings against you and saying that you could return to work.

The second reason why The Standard may deny your claim is because they had your file reviewed by a vocational expert which is a job expert. And this vocational expert reviewed their doctor's medical findings in combinations with your work history and their vocational expert may say that you could work given the limitations identified by their doctor.

The third reason why The Standard may have denied your claim is because there was a change in the definition of the term disability or totally disabled. What that means is, under most policies the term disability is defined as the inability to do the material duties of your job or your own occupation. And that may change over time. Under most policies, after two years they look to see whether you could perform the material duties of really any job or what we call any occupation, and after two years if they find that you could do some other types of work, even if it wasn't the work you were doing before, then they can deny you benefits at that time.

The fourth reason why the insurance company may have denied your claim is because they say that there is insufficient medical evidence to support your case. What that means is they may have gathered up some or all of your medical records and they just feel like your medical problems are not severe enough to keep you from working, but here's a side note: the insurance company may not have all of your medical records, and that's one thing that we can help you with is making sure that they have all the evidence they need to make the proper decision. And that insufficient medical evidence finding may be because they just didn't have everything.

The fifth reason why the insurance company may have denied your claim is because they have conducted surveillance on you, and this may come in one of two ways. First, they may have conducted video surveillance by a private investigator where they've literally hired someone to follow you around and record you and if they have you on video they may say that your activities on that video is inconsistent with the disability. But another method of surveillance in today's day and age is by tracking you on social media. Anything that you post and it's publicly available on either Facebook, or Twitter or some other social media the insurance company is going to be looking up that information and if they feel like your activity in that media is inconsistent with the disability then they're going to hold that against you.

But you may also be here because maybe the insurance company hasn't denied your claim, but they're taking way too long to issue a decision.

If you'd like to talk about your rights when they've either denied your claim or taking way too long to make a decision, then I encourage you to give us a call at 850-308-7833 to go over your rights. If you don't want to talk to someone right now, but you'd like additional information then I encourage you to download a free, digital copy of a book that I wrote called The Top 10 Mistakes That Will Destroy Your Long Term Disability Claim. It's available for free download at www.freeltdbook.com. I encourage you to go and download a copy right away. We look forward to hearing from you.