We are often asked, “what are my chances of winning a long term disability appeal?”
This is an impossible question to answer with certainty because of the number of factors that go into the decision. These factors include, but are not limited to: your age, your education, your work history, your type of disabilities, and the medical evidence submitted in support of the claim.
That being said, your chances of winning a long term disability appeal can be greatly improved by consulting an experienced long term disability attorney. The following is based on our firm’s own experience:
Recently I attended a disability conference with a lot of disability attorneys. One of the featured speakers handled a lot of long term disability claims. He said that in his office, they typically win about 30% of their administrative review claims. He said that he’s spoken to numerous other attorneys and they win about anywhere in that same ballpark of about 30% of their appeals as well. But let me tell you about our firm’s experience.
About 50% of our administrative appeals, which we file after a client comes in with their claim being denied, resulted in claims being overturned. Obviously that doesn’t guarantee any future success, but it does show that about one out of two of our cases is overturned. As for those cases that are not overturned, we take those cases to court and litigation.
You can file your own appeal. You do not need an attorney to file an appeal for you. However, I will caution you that doing an appeal correctly is very time-consuming and very detail-oriented. When preparing your own appeal you should:
- Obtain a copy of your claim file;
- Index the file;
- Obtain proof of disability; and
- Review the denial letter for legal errors.
We typically recommend that long term disability claimants hire an attorney, but not just because we know all of the steps to take to maximize the chance of winning. We know how to take those steps. We have the resources to take those steps. But, perhaps most importantly, we identify and attack any legal errors by the insurance company. That’s where we really help our clients.
Legal Representation in Long Term Disability Insurance Claims
Although based in Florida, the Ortiz Law Firm represents claimants across the United States. If your LTD claim has been wrongfully denied, delayed or terminated, call us at (888) 321-8131 to schedule a consultation. We can help you evaluate your claim to determine if you will be able to access long term disability benefits and how to move forward with the process.