FAQ: My Claim Has Been Denied, but I Can’t Find the Policy Language, What Should I Do?

There is not a uniform Long Term Disability policy in the United States. Every policy is different. Unfortunately, disability claim’s examiners will deny Long Term Disability claims and use the wrong policy information to justify its denial.

At Cavey and Barrett we always check the Long Term Disability plan against the denial letter.

You should always review your Long Term Disability claim denial letter and compare it against the language that is actually in the policy. Not always that the language quoted in the denial letter about what your policy says is, in fact what your policy really says!

At Cavey and Barrett, your Florida Long Term Disability denied lawyers, we verify if the Long Term Disability administrator has utilized the correct policy language in a claim’s denial.  If you have any questions regarding your Long Term Disability policy language or your claim’s denial, contact Nancy Cavey.

The Many Mistakes Vocational Evaluators Use in Long Term Disability Cases

Long Term Disability carriers routinely use vocational evaluators to determine whether or not you can return to your former job or there is a job that exists in the national economy. Vocational rehabilitation counselors eager to please the Long Term Disability insurance company, make a number of errors in reaching a favorable Long Term Disability insurance opinion.

     These mistakes include:

            1. Failing to understand the extent of your medical condition and the restrictions and limitations that you may have as a result of depression, fatigue, pace, concentration.

            2. The opinions of functional capacity evaluators who determine the true extent of your physical restrictions and limitations. Once they can the vocational evaluator will      cherry pick the medical and functional capacity evidence so that you have some sort of ability to perform sedentary work.

            3. Vocational evaluators routinely fail to understand the definition of disability that is being used in each case.

 It is very important that you review your Long Term Disability policy and understand the definition of a disability. In the first twenty four months of disability it is not uncommon to see a definition that includes a statement that will indicate that you are disabled if you are “unable to perform the material and substantial duties of your own or regular occupation due to illness or injury.”

 Some vocational rehabilitation counselor will only consider the inability to perform the occupation without really understanding what your own occupation was at the time of your illness or injury. Or, more importantly what the material and substantial duties were.

Being a Long Term Disability benefits denied lawyer I will get from your employer your job description and will review what the is called the dictionary of occupational titles to see what job title was used by the Long Term Disability vocational evaluator in denying your claim.

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