Top 5 Myths About The Disability Claim Process In New York

  1. Process is simple, there are forms to respond to, and information to provide.

In reality, the disability insurance claim process is complicated, the forms are designed to feed information to the insurance company to use against your claim, and guidance is helpful to tip the scales in your favor when filing a new claim.

When working with clients from the outset of a claim, we are able to develop the evidence effectively from the beginning and present a powerful, clean claim to secure approval.

  1. My doctor told me these issues are severe, I should be considered disabled.

A doctor simply stating “disabled” will never satisfy.  A doctor has to provide an articulation of the impact of the condition(s) upon one’s ability to perform occupational duties which correlate to the insured’s work.  This is the most critical piece to a claim.

When working with clients during the claim process, we will work with their doctors to educate them on the necessary considerations for supporting their patients’ claims.

  1. The process will go quickly and will not be burdensome.

The insurance company is going to carefully scrutinize claims, as the benefits to be paid are a monthly obligation and become very expensive.  The process takes time, is burdensome for your doctors and the need to manage the process and hold the insurance company accountable is critical.

When working with clients, we aggressively ensure that the materials received are timely reviewed, and that the process is not dragged on or delayed.

  1. Mental health claims are treated the same as physical claims.

Most policies discriminate against claimants with mental health issues.  They often pay a lifetime maximum of 24 months.  However, every policy is different and many permit continued recovery when other non-excluded conditions exist.  

When working with clients suffering mental health, we address the policy issues and provide guidance on the claim process and longevity of the claim.

  1. The company is sending me to an “independent” doctor to determine my disability.

When an insurance company seeks an examination, you can be assured they are seeking a doctor who is friendly to their side.  Despite any claim of “independence” these examinations are dangerous to claims, and offer provide the insurance company with support to deny or terminate a claim and contradict strong support from a treating doctor.

When working with clients, we research the doctor designated, and often object to the doctor or the requested examination, on a variety of grounds.  We often secure testing with our clients to develop strong support to document their impairment. 

Honorable mention

  • My social media is irrelevant to whether I am disabled.

We have seen too many claims impacted by claimants oversharing their lives, and seeking to portray a world that is different than the reality they live, but one that is seized upon by the disability insurance company.  Social media posting is very dangerous to claimants.

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