Long Term Disability Claims: Understanding the Burden of Proof
Learn about the Long Term Disability burden of proof and how to properly document your claim. Get guidance to protect your Short and Long Term Disability benefits.
There is one thing which is clear in every Short Term Disability and Long Term Disability insurance policy: the burden of proof is on the claimant. This is often not what a claimant is told initially. When a request is made for a release of all medical information, there is a promise to collect all the medical records needed for your claim. Later, when your claim is denied due to a lack of medical documentation, the point becomes clear that providing the documentation necessary to support a claim is the responsibility of the claimant.
How Insurance Companies Use Medical Releases
It is the belief of the undersigned that medical releases provided by claimants are not always used for the legitimate purpose of securing medical information. Instead, they are sometimes used to harass the doctor’s office with immediate demands or to present unsubstantiated statements and “summaries” of medical records. This can pressure the doctor to sign off on documents affecting work restrictions—restrictions that may have previously been indicated as permanent. Learn more about how insurance companies handle Long Term Disability claims.
How We Handle Medical Documentation Requests
We restrict the use of any medical releases for contacting treating physicians’ offices without our knowledge. Whether it is for records, responses to questions, or other requests, all inquiries, except in rare cases, go through our office. This ensures the request is legitimate, minimizes burden on the medical staff, and allows us to obtain copies of all documents the insurance company receives. It also enables us to check records for accuracy, as errors in documentation do occur.
Tips for Managing Your Long Term Disability Claim
Do not rely solely on the claims representative who promises to get the medical records they need. Obtain your medical records yourself, organize them in a clear packet, and send them to the insurance company in a verifiable way.
Similarly, ensure that any forms completed by doctors are returned correctly so you can verify their accuracy. Doing this keeps the insurance company accountable and helps you maintain control over your claim. For more guidance, review our tips for successful Long Term Disability claims.
Taking Control of the Long Term Disability Burden of Proof
Approach the burden of proving your claim strategically. By providing thorough, accurate documentation, you can “spoon feed” the insurance company, keep the ball in their court, and force them to act. Understanding and managing the Long Term Disability burden of proof is essential to protecting your benefits. Explore our disability denial appeal services to see how we can help.
Please contact us today if you have any questions about your Short Term Disability or Long Term Disability claim. After reviewing your case, we can schedule a conference to discuss the next steps to maximize your claim.
