If you are filing a long term disability claim when you have been injured or become ill and cannot work, it is helpful to know that disability insurance is more complicated than most insurance˳ There are very strict rules that must be followed˳
Be careful about time limitations and deadlines˳ In the policy it will say when a claim must be filed˳ Most policies have a 60 day filing window˳ Be sure to file paperwork ahead of deadlines, and sending all documents and records by overnight registered mail˳
Keep your disability claim information private˳ Do not post details or comments or complaints on Facebook, LinkedIn, or any disability-related forums, bulletin boards, chat rooms, social networking sites, or other online places˳ It does not matter if you have just filed a claim or the insurance company has been paying your benefits for ten years – putting this information on the web could lead to your losing the benefits˳
Insurance companies monitor social media for their claimants very carefully and more than one person has lost their benefits or had a judge render a different decision based on their online comments˳ If you are filing for a disability claim and post vacation photos that show you hiking in the mountains, the insurance companies will consider the photos evidence against your claim˳
Once a claim is received by the disability insurance company, they will send you forms that are required to process the claim˳ Among them will be a claimant statement, attending physician statement, and authorization forms permitting access to health, financial and occupational materials from third parties˳
Financial records are used to evaluate income, assets and earnings˳ This feels intrusive and prying but providing the information correctly is important˳ For salaried employees, tax returns and W2 earnings statements will be simple enough to provide˳ If you own a business or are a partner in a professional practice or another complex earnings situation, the request for financial records can be overwhelming˳ It is important to check the specific language of the policy to learn what the disability insurance company is entitled to – and what is none of their business˳ The policy is the contract that governs the entire process˳ If you are asked to provide something that is not included in the policy, contact the insurance company to clarify and explain the request˳ Carefully document questions to minimize non-compliance issues˳
Most disability policies require you to undergo an IME – Independent Medical Exam˳ Keep in mind that the doctor performing the examination is being paid by the insurance company˳ Disability insurance company doctors are not independent˳ Be careful! Disability claimants who believe they are speaking with a sympathetic doctor are always shocked when the doctor who seemed so nice reports that they are perfectly able to go to work˳ Many recent court decisions, including several in our own practice, have found it very clear that the medical exams paid for by the insurance companies are not independent˳ This inherent conflict of interest is something the courts are watching carefully˳
The insurance company may NOT ask that a disability claimant undergo an invasive test or require claimants to travel a far distance to have an examination performed˳ The insurance company is obligated to schedule an IME within a reasonable distance from your home˳
If you are ordered to take a Functional Capacity Evaluation (FCE), be careful˳ Read your policy closely to determine whether or not it specifically requires you to take this test˳ If the FCE is not in the policy, the law does not require that you take it˳ The FCE is used to test maximum effort˳ If you do go for an FCE and are asked to do anything that you know you cannot do without pain or discomfort, say no and do not perform the action˳ There is controversy surrounding this test and it can be dangerous˳ Document how you feel after the test and if you can, go to the doctor to make sure to document what injuries you might have suffered from taking the test˳
Source by https://ezinearticles˳com/?Disability-Insurance-Claims-Law—How-to-Handle-the-Details&id=6472739
