How can the disability insurance company deny my claim if my doctor has not released me to return to work?
Disability attorney Stephen Jessup discusses a disability insurance companies right to deny a claim even though the claimant has not been released to return to work by their doctor.
We get a lot of calls from people who say their claims have been denied even though their doctors haven’t told them they can go back to work; they haven’t been “released for work.” However, the insurance company, upon receipt of the claim, is going to start doing their own medical investigation. They’re going to send it to their doctors for review; they may send it out to an independent doctor to do a peer review. If one of those doctors come back and say, “Well, I don’t find any restrictions and limitations or medical reasons as to why this person shouldn’t be working,” the insurance company can rely upon those doctors to deny your claim, regardless of what your actual treating physicians are stating.