The behavior of disability claims representatives in connection with Short Term Disability or Long Term Disability claims has been a source of great consternation and astonishment for my staff and myself over the years.
What Is The Motivation?
We have tried to figure out what motivates these claims representatives and the tactics we must use to get them to award the benefits we seek on our clients’ behalf. Remember that the primary motivation of every disability claims representative is to close your file. They are looking for any reason to do this.
Is That Legal?
Of course, there are certain legal requirements that must be met before they can close your file, but they have been well-trained in looking for every basis to do so. You see, claims representatives are grossly overworked, and from my experience with those claims representatives who have come to us for representation in their own claims, they are also generally underpaid. None of this forgives the untoward behavior and bullying tactics routinely used in dealing with claimants, however.
Making The Process Difficult
Indeed, in the early stages of Short Term Disability claims, while the claims representative may try to sound friendly early on, the goal is to make the process so overwhelming in the apparent hope that the claimant will abandon the claim. None of this is helpful when the primary focus during the early stages of disability should be securing the best possible medical result.
The additional stress of the claim harms this primary goal. There is also hope by the disability claims representative that this claim never progresses to the point of Long Term Disability.
Our Objective
One of our primary objectives at Herbert M. Hill, P.A. is to get between you and the pesky claims representatives with their constant, unreasonable demands for immediate production of documentation. The false need for immediacy results from the claims representative not having worked your file promptly, and suddenly, their delay is imposed upon the claimant. We have heard many clients come to us with tales of impossible demands in the face of a threatened file closure.
We Can Help Defend Your Rights
If you have any questions about your Short Term Disability or Long Term Disability claim, contact our office. If you would like, after discussing your case, we can set a conference to discuss the next steps.
Herbert M. Hill, P.A. is a law firm located in Orlando, Florida, with a practice extending throughout Florida. While most cases handled are for disability insurance benefits, areas of practice include all employee benefit claims. The firm handles any claims arising under the Employee Retirement Income Security Act (“ERISA”) for disability benefits, medical benefits, retirement benefits of any sort, including pension, 401k, termination agreements, or the like, and claims arising under private disability policies.
