The short answer is no, you do not need to hire an attorney to win your long term disability claim. In fact, after we consult with you and evaluate your case, we will actually let you know whether you should apply or appeal your claim on your own or if having an attorney may help.
Although you do not need an attorney to help you apply for benefits or appeal, having one is generally recommended in order to get approved. As soon as you apply for benefits, the insurance company is already working against you to deny your claim. The application and paperwork itself has many pitfalls. If you provide incorrect information, such as a wrong date, do not word things properly, or unintentionally forget to provide certain specifics, the insurance company may try to use that against you, preventing you from getting approved.
Once your application or appeal is pending, the insurance company continues to place frustrating obstacles in your way. From taking weeks to obtain medical records, pursuing medical information that is not relevant to your claim, and having their doctors review your records without actually examining you, a lot is going on behind the scenes that you may be unaware of.
When you have an attorney on your side, the insurance company is legally obligated to work with that attorney and provided the necessary information on a timely basis. Insurance claim handlers also sometimes prefer to work with attorneys rather than claimants directly, making your chances of getting approved much higher.
When assisting with your case, all information from the insurance company and your medical providers goes through our office. We ensure that all the parties involved are communicating with each other and getting the necessary information required. We take the stress off of you by dealing with your insurance company directly. Even if your insurance company needs to interview you, we will make sure that we are with you and ensure that all information is presented accurately.
Having an attorney on your side to assist with your appeal is usually recommended. Most insurance companies only give you one chance to appeal a denial. If you appeal your claim on your own and your appeal is denied, a lawsuit must then be filed. At that point, an attorney may not be able to work on your case and provided additional evidence since a final decision has already been made. However, if an attorney gets involved earlier, they can obtain the necessary medical support and evidence needed, in order to present the best possible case in court, if needed.
Additionally, attorneys do more than just gather medical records and ask for an appeal. For example, our office first requests an entire copy of the insurance company's file and conducts an in depth review and investigation to see why you were denied. Following that, we request custom tailored letters and forms from your doctors and also ask them to provide rebuttals and clarification statements against the opinions of the insurance company's doctors. After obtaining that information, we evaluate your claim further to determine whether a vocational opinion is needed. If it is, we have our own team of vocational consultants that will provide an opinion regarding your disability and ability to work.
Once all of that information is obtained, we draft a written appeal to the insurance company. Our appeal letters are formal, highly organized, and usually contain various legal arguments, case law, and evidentiary exhibits, all supporting why your claim should be approved. Our in depth appeal letters can sometimes be up to 20 pages in length.
If you are wondering whether you need an attorney to help you win, contact us for a free consultation and appeal strategy guide. We offer an honest and no obligation review of your case and will advise you on your options.
Call us now at 855-999-1969 | Operana Law Office