Mistake 21 – Lawsuits or Disciplinary Actions | Hillsborough County Long Term Disability Attorney

The long-term disability/ERISA carrier will ask you if you’ve been involved in any lawsuits that you have filed since you claimed long-term disability/ERISA benefits. You might ask yourself why they would want to know that information?

If, for example, you’ve been involved in an auto accident since you have claimed disability, the long-term disability/ERISA carrier will want to know what injuries you had as a result of that auto accident, what treatment you’ve gotten, and what impact that new auto accident has on your ability to work. They will obtain copies of your personal injury protection claim to see what you said about your injuries and whether you’re claiming lost wages as a result of that auto accident.

If you are a professional, such as a doctor or a lawyer, long-term disability/ERISA carrier will automatically check to see if you’ve been involved in any disciplinary actions that impact your ability to practice. Many times, the disability carrier will argue your disability is really related to disciplinary issues that you’ve had or personal issues you have with your employer. They will argue that you are “disgruntled employee” who has made a decision to file a disability claim as a result of professional or personal issues.

You can be sure  that the ERISA/long-term disability carrier will also be talking to your employer and  asking for a copy of your personnel file. If you sign the release that lets them get that information, it will be fair game.

Of course, you must be truthful about any lawsuits or disciplinary actions. I would revoke any release that lets the long-term disability/ERISA carrier or contact your employer or get your personnel file. Make it clear in your answers to these questions how your disability is, or is not, related to any lawsuits you may have filed as result of any accidents you sustained censure file a claim for disability.  Make sure your medical records are consistent, and that any filings may in any lawsuit are consistent with your disability claim application. Long-term disability/ERISA carriers love to look for inconsistencies.

Information about disciplinary actions can also be confidential. Make sure that you’re not violating confidentiality requirements by giving the long-term disability/ERISA carrier more information than you are legally allowed to disclosed.

Subsequent lawsuits or disciplinary actions can be a minefield for long-term disability/ERISA applicant. If you need assistance in answering questions on your long-term disability/ERISA claim application or preparing for your statement and field visit by the adjuster, contact long-term disability/ERISA lawyer Nancy Cavey.

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