You have an illness or injury that does not allow you to work to earn wages you need to support yourself. Therefore, you apply for disability insurance. Although you are eligible and think your case is straight-forward, you are ultimately denied disability insurance. Because this will greatly affect your ability to pay for things such as mortgages or rent, bills, groceries, and other personal expenses, this situation can be scary.
However, there is no reason to lose hope. An attorney can be helpful when you are denied disability insurance and below are 5 ways they can assist you.
The first thing you should do after a disability insurance refusal is to file for a request of reconsideration, also known as an appeal. Your attorney will help you fine tune your paperwork to ensure you stand a better chance of reconsideration. The attorney will also add information that may help strengthen your case when the governing agency reviews your paperwork.
An experienced disability insurance lawyer understands how to present your facts in a way that will help your claim to be approved. This is something which is difficult to do on your own since you are probably very familiar with procedures and guidelines.
2. Prepare for hearing
When your disability claim has been denied, you may be required to attend a hearing. This is an opportunity for you to argue your case and therefore requires prior preparation if you are to stand a chance of having a decision reversed.
Your attorney will help you prepare for questioning during the disability hearing. They will tell you the type of questions to expect and how to answer them. You may want to ask witnesses to provide testimony during the hearing that can attest to your disability. Your attorney can also help you find effective witnesses and help them prepare to testify. They will be advised on the mistakes to avoid during testifying as what information will be helpful.
3. Writing a letter of appeal
Your attorney will help you draft a letter of appeal. The letter of appeal will provide an answer to the reason for the disability insurance refusal and why the policy goes against your rights to receive insurance. You will also be required to fill brief forms. Some of the forms require the knowledge of an experienced lawyer to be filled correctly.
Along with the letter of appeal, the attorney will attach all the essential documents that will strengthen your appeal. These include your medical records, receipts for all expenses, and a written opinion from your doctor.
4. Acquire evidence
You will need both medical and non-medical evidence to strengthen your disability refusal appeal. An experienced attorney will help you gather all the crucial medical evidence for your case. This includes getting a medical expert to administer further tests if necessary and any information pertaining to a diagnosis. Written opinions from specialists are essential evidence for your appeal.
Your lawyer can also advise you on the best evidence to help strengthen your case. Some of the non-medical evidence can include letters from friends, fellow employees, and supervisors which will explain how your medical condition affects your ability to work.
5. Represent you in hearings
The final stage in a disability insurance refusal claim is debating the insurance refusal in court. To stand a chance of winning your appeal you need an experienced attorney who has dealt with similar cases before. An attorney will represent your best interests and argue your case before a judge or tribunal. The attorney will also cross-examine any testimony from the insurance company’s defence team and provide counter-arguments that will help you win your case.
An experienced attorney has handled similar cases before and is familiar with them. They understand how judges and tribunals handle cases and how they reach their decisions. A lawyer can, therefore, leverage on this familiarity and use arguments and evidence that can allow you to receive a favourable judgement.