Hi, I’m Nick Ortiz. I’m a board certified disability insurance attorney. Today I’m here to talk to you about long-term disability claims and Voya Financial, also known as ReliaStar. You’re probably here today because Voya Financial denied your long term disability claim. First thing I want to do is go over some of the reasons why they may have denied your claim. I’m going to identify 16 reasons why the insurance company may have denied your claim. Now your reasons may be one or more than one of these, or even for another reason because this list is not exhaustive, but here are the most common reasons.
Number one, the insurance company says that there are insufficient medical records to support your claim. For example, they requested records and never received them or they weren’t provided by your doctor’s office.
Number two, they may say there’s insufficient objective medical evidence. Objective meaning things like x-ray, MRI, CT scans, and other testing results.
Number three, they may say that the medical condition is non verifiable or based primarily on self reported symptoms.
Number four, they may indicate the doctors did not return forms or questionnaire or attending physician statements to the insurance company so they can devaluate your claim.
Number five, they may say that their peer review physician does not agree with your doctors.
Number six, Voya Financial may claim you that you are exaggerating your symptoms or your symptoms don’t match up with what’s in your medical records.
Number seven, they may have conducted covert video surveillance and they say that the footage is inconsistent with your limitations.
Number eight, they may have reviewed your social media, like Facebook or Twitter, and they may find that the pictures or comments that you make are inconsistent with your disability.
Number nine, you may have missed some deadlines, such as the time to file your initial application or the time to provide a proof of loss, or the time in which to make an appeal.
Number ten, they may be applying a pre-existing condition exclusion.
Number eleven, they may say that your disability is specifically excluded by the policy.
Number twelve, they may simply argue that you do not meet or satisfy their definition of the term, ‘disability.’
Number thirteen, there may have been a change in the definition of the term disability over time, say after 24 months.
Number fourteen, they may say that you may be partially disabled but not totally disabled.
Number fifteen, they may argue that you’re out of work due to your own choice and not because of a disability or impairment.
Finally, number sixteen, your claim may be governed by ERISA, which is short for the Employer Retirement Income Security Act of 1974. This very heavily favors the insurance companies. The insurance company may be leveraging that fact in your claim.
If your claim has been denied for one or more of these reasons and you’d like to discuss your legal rights, then I encourage you to give us a call at 850-898-9904. If you’d like additional written material, then I encourage you to download a free copy of a book that I wrote called the top ten mistakes that would destroy your long disability claim. You can claim a free copy digitally at www.freeltdbook.com. Thanks for watching.