As you know, and may have already experienced, insurance companies can often be unfair when it comes to denying disability claims. Without proper representation and good advice, you may never receive any benefits. With your disability, you are probably not able to work either. If you are denied and you want to fight the denial, you may be looking at a long time without any benefits in order to appeal.
The Appeal Process Is Internal
Appealing a decision made by an insurance company is going to also take a lot of paperwork. If you choose to appeal, you may find directions in your rejection letter which states the proper procedure in which to appeal. This appeal process is internal and is handled about the same way that your first application was. Your chances of being denied the long term disability benefits again are high. The only way you could expect a different outcome is if you handed in new medical documentation or proof that there is some sort of change in your status that would justify their reconsideration in your application. If you do appeal, you need to consider the amount of time allowed to appeal. For most insurance company, the period can be anywhere from six months to two years.
What A Lawyer Will Achieve For You?
An option you have when considering to appeal is whether or to you should hire a lawyer to represent you. When you hire a lawyer, he/she will represent you in the appeal and seek to have it appealed by a third party representative instead of internally. Your lawyer will most likely prefer that you take a settlement instead of going back on your benefits because:
• You don’t have to worry about appealing and living from month to month for a check.
• You can avoid being denied again in the future.
• The insurance company may change their policies which can also change how much you get per month.
• You would need to keep up with the paperwork including the paperwork coming from the doctor’s offices and calling them when they get behind and reminding them to send it over.
• You may be asked to seek further medical examinations to obtain reports and documentation of your current health status, so the insurance review board can compare reports and look for improvements.
• You will be responsible for paying taxes from your monthly payments, you receive throughout the year.
• Settlement funds for future benefits are not taxed
How Do We Determine A Settlement Amount?
In order to be fair to you and obtain cooperation from the insurance company, a settlement amount will need to be fair for all involved. Long term disability suits do not take as long as personal injury suits in court so a settlement is likely to be reached after negotiations begin. Of course, your lawyer will start with the maximum amount and then they will have a little room to work with if the insurance decides to not pay that amount. If you are trying to obtain a settlement without the representation of a personal injury lawyer in St. Catharines, then you are going to run into a lot of paperwork, gathering up medical reports, and trying to meet every deadline. Don’t go it alone; get a lawyer that specializes in this type of case and better your odds of winning your settlement.