What if my disability claim is denied?

Applying for disability benefits after an accident can be a frustrating experience for those whose requests are denied. There is a possible silver lining, however — if your disability claim gets denied, you can appeal the decision and perhaps see the decision reversed.

Understanding the process for appealing your claim denial can help you determine how best to proceed. Denials include documentation detailing the reason the claim wasn’t approved. When appealing your denial, familiarize yourself with all the factors listed in the denial. If possible, appeals should address each factor that’s listed. Appeals must include evidence that those contributing factors deserve to be reconsidered in your favor.

The most common reason that claims are wholly or partially denied is lack of sufficient evidence to justify benefits. It is, in many ways, the real-world equivalent of taken a math or science exam in school and being penalized for not showing your work.

To increase your chances of having the decision reversed, you want to “show your work” as much as is possible. This might mean that you have the relevant doctor write an opinion you can submit to the insurer, or you might collect testimonials from colleagues about how your disability has affected your performance. You might also want to pursue additional medical testing to bolster your evidence.

Regardless of the additional evidence of disability that you submit for consideration, you should confirm that the appropriate party received it. In the event that your case must be litigated, you must prove that the insurer had all the relevant evidence that you submitted to them.

Sometimes the fight for justice is a long one. In many cases, being truly treated fairly requires having someone fighting on your behalf. With the representation of an experienced attorney, you can pursue fair treatment confidently, knowing that the full weight of the law is going to bat for you and protecting your rights.

Source: Findlaw, “How to Appeal a Disability Insurance Claim Denial,” accessed Jan. 17, 2017

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