Disability Insurance: Prepare To Fight For Your Benefits

Being Disabled Does Not Mean You Will Automatically Get Your Disability Benefits Without A Fight

Keep track of your communications with the insurer. Use certified letters for your claim. Note the date and time of each telephone communication you have with the insurer. Make it difficult for the insurer to claim that it has lost an important document. Keep a file of the documents you send to the insurer and the documents the insurer sends to you. Be aware that the insurer may not be forthcoming with important information and may not use straightforward tactics in investigating your case. For example, insurers frequently secretly videotape policyholders who have made a disability claim to confirm the level of their disabilities.

You might think that simply being disabled entitles you to disability benefits, but most initial applications for disability insurance claims are denied. Even if your own doctor has determined that you are disabled, insurance companies will still look for ways to delay, or deny paying on claims.

In California, to be considered disabled, you must be unable to perform the material and substantial duties of your job with reasonable continuity, in the usual and customary way. This definition comes into play with the limitations and restrictions that your doctor has placed on you.


Making It Clear That Your Medical Condition Is a Disability

At Donahue & Horrow, L.L.P., our lawyers can assist in making a claim. As part of this service, we will educate you about the definition of disability on your insurance policy. We will strive to make certain that your medical documentation makes it clear that your condition meets the insurance company’s definition of a disability. Making certain that everything is presented correctly to the insurance company can prevent hurdles further down the line.


Cancellation of Disability Benefits Due To Insurance “Change In Definition”

In some cases, our clients have contacted us after receiving benefits for a period of time, usually 24 or 36 months. Their disability insurance carrier has informed them that they are no longer eligible to receive benefits because of a “change in definition.” Essentially, after a period of time, the insurer will refer to the policy that requires that you must be disabled from any occupation, not just your previous occupation, to continue to be eligible to receive disability benefits.

We work with clients faced with a “change in definition” or other exclusions to fight against the insurer’s interpretations of the policy limitations.


Chula Vista, San Diego County Disability Insurance Claims Lawyers

At the Los Angeles area law firm of Donahue & Horrow, L.L.P., you will find an attorney with substantial experience in disability insurance matters. We can help you with any California disability claim or insurance appeal.

Contact our law offices today if you have questions about disabling conditions, a “change in definition,” advice on making a claim, or help in dealing with insurance bad faith practices or claim denial.

There is no obligation, you do not need to come to us, and your consultation with an experienced lawyer will be free of charge.


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