Disability Claims Process

In order to begin a claim for long-term disability benefits, a claimant must request forms from the employer’s human resources department. The claimant must also take an Attending Physician’s Statement form to a physician who will indicate that a claimant is disabled. This form is then sent to the insurance company along with a list of all medical providers the claimant has seen for treatment.

Once the insurance company receives the medical records, it will start an investigation. The insurance company may send the claimant for an “independent medical evaluation.” Once the insurance company completes its investigation, it will either grant or deny the claim.

If the claim is denied, the insurance company will send a denial letter indicating that the claimant has 180 days to appeal the decision.

  • It is imperative to obtain the complete file from the insurance company, carefully review the file to determine whether the insurance company followed the proper procedures in handling the claim, and rebut mischaracterizations of the evidence.
  • It is also essential to write an appeal letter that addresses the insurance company’s allegations.
  • It may be necessary to obtain updates and additional medical records, doctors’ opinions and other expert opinions.
  • In addition, medical literature, letters from the employer and friends, photographs and all other types of evidence that document a claimant’s impairments can be submitted and made part of the administrative record.
  • If your appeal is denied, you are entitled to file a lawsuit in Federal Court.

Ask an experienced attorney to represent you in claiming your long-term disability benefits.

The experienced employment law attorneys at Robaina & Kresin law firm in Phoenix have represented many clients in employment law matters including obtaining long-term disability benefits. We know ERISA law well, and we are fully committed to our clients.

Our lawyers know how important it is for our clients to receive disability payments. Your long-term disability benefits were promised as a part of your employment, and they are necessary for your long-term welfare. Contact us for an appointment with a lawyer who cares about your well-being.