How We Help To Appeal Your Lincoln Disability Denial
Let’s discuss how you can win your Lincoln Disability Appeal. Lincoln disability denials are usually unreasonable and with preparation of a strong appeal package you can get your benefits paid. Your Lincoln appeals must be drafted strategically in order to win your disability benefits. Our disability insurance lawyers have reviewed thousands of Lincoln short and long-term disability denials on behalf of claimants nationwide and we are available now to provide you with a free phone consultation with one of our attorneys. We have seen every type of Lincoln disability denial and we know exactly what is required in order to give you the best chance to win your Lincoln disability benefit appeal.
Why Is It Important to Prepare a Strong Lincoln Appeal Package?
We want you to become educated about the Lincoln appeal process and learn how our law firm can help give you the best chance to win your Lincoln disability appeal. In our Lincoln Disability Appeal Tips video, Gregory Dell and Rachel Alters discuss the following:
- Why is it important for you to submit a strong appeal package to Lincoln?
- What is your first step to appealing a Lincoln denial?
- What evidence did Lincoln rely upon to deny your disability claim?
- Why are custom attending physician statements essential?
- Should you submit additional medical evidence for your Lincoln appeal?
- Does Lincoln require objective medical evidence for you to win benefits?
- Can Lincoln rely exclusively only on the medical opinions of their hired doctors?
- How can we help prepare a strong appeal package to Lincoln?
How Can You Win Your Lincoln Disability Appeal?
With strategy, collaboration and execution you can get your Lincoln disability claim approved. Every Lincoln disability benefit denial is unique because everyone has different medical conditions that prevent them from working, the definition of disability is different in most Lincoln disability policies, and lastly, your prior work experience and education will have a big impact on the ability to perform any job. Our law firm’s history of winning disability appeals comes from working very closely and strategically with you, your treating doctors, and vocational consultants. We take a custom approach to how we handle every appeal and we look forward to discussing your Lincoln disability denial with you. As you begin the process to get your Lincoln disability denial reversed we encourage you to watch our video below:
Most Lincoln disability benefit denials are based on Lincoln’s determination that you do not have sufficient medical limitations which prevent you from working in a specific occupation or any occupation. While Lincoln may first notify you of a disability denial via telephone, the basis for Lincoln’s denial is required to be included in their denial letter and the documents supporting the disability denial must be contained in the claim file. In your Lincoln denial letter, Lincoln gives you the right to request a complete copy of your claim file and that is the first step we take.
Why is Lincoln Required To Send You All Information Used To Deny Your Disability Claim?
ERISA regulations require Lincoln to prepare and send your claim file within 30 days of a written request. We draft a very specific request for the claim file so that Lincoln cannot hide any documents or information that we think can help to win your appeal. The claim file is supposed to include all information relied upon to deny your disability benefits, which would include medical records, financial records, internal emails, memos and notes, your disability plan documents, video surveillance and any medical reviews and vocational reviews conducted by Lincoln. The Lincoln claim files provided are often intentionally disorganized and require legal experience in order to know what information in the claim file is relevant to preparing a strong Appeal. Your claim file may contain thousands of pages of evidence, and once we receive your file, we immediately organize and analyze all information so that we can prepare a plan of attack that puts You in the best position to have your short-term or long-term disability benefits reinstated.
An Appeal to Lincoln must be drafted strategically.
How Does A Plan of Attack Help You Win a Lincoln Disability Appeal?
Lincoln typically offers two chances to appeal your disability denial but it is important to understand the above steps and processes regardless of whether you’ve already appealed once or just received Lincoln’s initial disability denial letter. An appeal to Lincoln must be drafted strategically. You cannot pursue civil litigation until after the second long-term disability appeal is filed and then denied again by Lincoln.
After our lawyers complete a full review of your Lincoln claim file and review all of your up-to-date medical records, we formulate a plan of attack that we believe must be followed in preparation of your Lincoln appeal. Every plan is focused on determining what additional medical documentation and support we can obtain to prove your disability. You only have 180 days from your date of benefit denial to submit an appeal so it’s important to act quickly in order to submit a timely appeal package. 180 days may seem like a lot of time, but you really want to have as much time as possible so that you can obtain as much additional medical and occupational support as possible. It’s not easy to get in quickly for doctor appointments and it takes time for doctors to complete documentation on your behalf.
We Help You Prove That Lincoln’s Doctors Are Wrong
Lincoln will commonly deny a long-term disability claim on the basis that you have insufficient medical documentation and/or support from your doctor. rely on their own employed doctors or nurses or hired clinicians to deny your disability claim. Regardless of what your doctors may have concluded, Lincoln will almost always favor the opinions of their own doctors over yours. The way to overcome this inherent bias is to present strong medical evidence in support of disability that no reasonable person could disagree with.
As a practical matter, Doctors don’t like dealing with insurance companies, and while they want to help you, they get frustrated. Your doctors document your medical records for the purposes of treating you and not for an insurance company review. As a result, most doctors do not document all of your limitations and complaints to prove a disability claim. Through our experience in helping thousands of disability claimants we educate your doctors about your disability insurance policy language and work with your doctors to document your medical conditions appropriately.
Obtaining strong written support from all of your treating doctors is usually the most challenging aspect of preparing a Lincoln Disability Appeal.
Custom Attending Physician Statements Are Essential
Our job during the appeal process is to work with you and your treating doctors to obtain medical evidence that rebuts Lincoln’s doctors (or hired doctors) written opinions. The attending physician statements created by Lincoln and previously completed by your treating doctors are generic and intentionally designed by Lincoln to offer limited support for your claim.
In every appeal we handle, we draft custom attending physician statements for completion by your doctors. Our physician statements are specific to your Lincoln Long Term disability policy definition of disability and your specific medical condition(s). With every type of medical condition we know the exact information Lincoln and their doctors are seeking as evidence of disability. If you have more than one condition that may impact your ability to work, and are treating with more than one physician we will reach out to all relevant treating doctors.
In addition to a custom physician statement we may suggest additional diagnostic testing or medical consultations with different medical specialists if we believe it will help bolster your claim. In some appeals, we will have you undergo a Functional Capacity Exam (FCE) or an Independent Medical Exam (IME). The results of an FCE are shared with your treating doctors as they can provide strong support for your functional limitations. We may alsoIn some appeals, we will submit medical literature from leading medical publications which support your symptoms, limitations and potential risks associated with your condition.
Lincoln Appeal Success Story
This video discusses the appeal of a decision by Lincoln to deny a social worker diagnosed with Trigeminal Neuralgia whose claim was denied by Lincoln. She was able to win the Lincoln Disability Denial Appeal after obtaining our assistance. Attorneys Gregory Dell and Rachel Alters discuss how they helped our client prepare a strong appeal package.
Why Must Your Appeal Contain Strong Occupational Evidence?
In most Lincoln disability denials, Lincoln will argue that if you can sit in a chair for 6 hours a day then you should be able to work. This is obviously a ridiculous conclusion, but you must submit occupational evidence that any job requires more than just the ability to sit. Lincoln’s denial letters will usually misrepresent your job duties or list other jobs they think you can perform for 40 hours a week. Depending upon the applicable definition of “disability” at the time you become disabled, it is critical to review how Lincoln has determined the duties of a job they say you can perform.
The occupational evidence that must be presented in your appeal will depend upon whether your definition of “disability” is either the inability to perform your “Own occupation” or the inability to perform “Any Gainful Occupation.” Own Occupation and Any Gainful Occupation are defined terms in your Lincoln disability policy. In most Lincoln disability policies the definition of disability is Own Occupation for the first 24 months and then it switches to the more difficult definition of Any Gainful Occupation. Most Lincoln disability denials happen either at the inception of a disability claim or when the definition of disability changes at the 24 month mark.
How Does Lincoln Determine The Duties of an Occupation?
Lincoln will rely on their own vocational consultant to determine how either your job is performed in the national economy or how any other job is performed in the national economy. This means that Lincoln ignores the way you actually performed your job for your employer and randomly determines how your job is performed nationally. Lincoln will also come up with their own opinions about how any job is performed regardless of who the employer may be.
To rebut Lincoln’s unreasonable occupational assessments, we regularly work with vocational experts in order to clearly define the duties of a specific job and the physical requirements to perform a specific job for 40 hours a week. A vocational expert will prepare a detailed report which reviews the duties of all jobs suggested by Lincoln, review your medical records, review your restrictions and limitations, and explain why you are unable to perform the job duties suggested by Lincoln. If necessary, the vocational expert may also perform a labor market analysis discussing the availability and salaries of specific jobs.
In many denial letters, Lincoln will come up with jobs that are not available in your area and that make these job suggestions unreasonable. As additional occupational evidence we may also submit employer statements from your co-workers, your job description, a personal statement from you about a typical day at the job, industry reports, and samples of work products produced in your job.
We provide a lot of detail in our Appeals to explain why you cannot perform the specific job duties of either your job or any job. Depending upon your definition of disability when you are denied, we also present evidence in our Appeals that can get you approved for benefits if your definition of disability will change at the 24 month mark. We don’t want you to win an Own Occupation appeal only to be denied again because you don’t qualify under the Any Occupation definition of disability.
Another Lincoln Appeal Success Story
Attorneys Gregory Dell and Rachel Alters discuss another case. Our client worked as an Architect who suffered from Lymes Disease and symptoms of Chronic Fatigue. Lincoln denied the claim but after we helped to submit a strong appeal, Lincoln reversed the decision and approved the claim.
How Courts Review Lincoln Disability Appeals
This paragraph may contain some technical legal information and we will try to make it as simple as possible. 95% of Lincoln appeals are governed by a law called ERISA and you must understand ERISA laws in order to prepare and write a strategic appeal. There are only two chances to submit a Lincoln appeal and they must be drafted in a manner so as not to tell Lincoln everything they did wrong. Most people, including lawyers, that don’t focus their legal practice on Lincoln appeals, will submit appeals where they basically give Lincoln a roadmap on how to review the appeal by telling Lincoln everything they did wrong on the initial review. They will include case law and a detailed criticism of everything Lincoln did wrong. This is not the proper way to submit an appeal and really does nothing more than guide Lincoln as to how to conduct a “reasonable review” of your initial claim denial.
What Does A Reasonable Review Mean Under ERISA For A Lincoln Appeal?
The “reasonable review” language is key because if your appeal is denied by Lincoln and an ERISA lawsuit is filed, a judge must review the denial and apply an unfair legal standard called “abuse of discretion.” The abuse of discretion standard requires a judge first to determine if you are disabled. If the Judge concludes you are disabled, the Judge can only reverse the disability benefit denial if he or she thinks the review conducted by Lincoln was unreasonable. So a Judge can find that you are disabled, but only find in your favor if Lincoln’s unfavorable review of your claim was reasonable. In this scenario, your denial will be upheld as the Judge must defer to the reasonable review conducted by the insurance company.
No matter how big or scary Lincoln may seem, we have recovered disability insurance benefits for our Lincoln clients in more than 95% of the Lincoln disability cases our law firm has accepted.
Why Drafting A Strategic Lincoln Disability Appeal Is Crucial
Because of the abuse of discretion standard that applies to any Lincoln disability policy that contains a “discretionary clause,” we always draft a strategic appeal that focuses on your medical restrictions/limitations and how you are disabled in accordance with your disability policy’s definition of disability, rather than simply saying what Lincoln did was wrong. By telling them what they did wrong, it actually helps Lincoln create a record for litigation that could be perceived as more reasonable. There are a few states where the discretionary clause is illegal and the judge’s decision on the claim will be final regardless of the reasonableness of Lincoln’s appeal review.
Regardless of the standard of review that will apply to your Lincoln disability appeal denial, our lawyers have a very specific style of organizing, preparing and drafting Lincoln disability appeals letters which have helped thousands of disability claimants nationwide to receive their disability insurance benefits.
Let’s Discuss Your Lincoln Disability Denial
When we review your claim we will give you an immediate and honest opinion about your chances of recovering disability insurance benefits from Lincoln. Don’t let Lincoln or anyone else convince you to handle your Appeal without legal help as you are about to go to battle against a company that generates billions of dollars a year in revenue. To help you learn as much as possible about Lincoln and the ERISA Appeal process we encourage you to review all of the helpful information listed below. We welcome you to contact any of our disability insurance lawyers for an immediate free phone consultation.
Resources to Help You Win Disability Benefits
Get Your Lincoln Financial Disability Application Approved
Prevent a Lincoln Financial Disability Benefit Denial
Negotiate a Lincoln Financial Lump-Sum Settlement
Our goal is to negotiate the highest possible buyout of your long-term disability policy.
Policy Holder Rating
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Reviews from Our Clients
Very satisfied with the work of this team. Took well care of my case and took all the necessary time to be responsive and attentive when I had questions. Guided me through recovery and returning to normalcy. All thanks to Jason & Tabitha, thank you!
I’m extremely satisfied with the experience I have had with this firm from day one. The lawyer who has handled my case, Alex, is very efficient and attentive to all my questions and concerns. They are always aware of how my case has gone and they care about my health. I feel optimistic with them because they are very attentive during the process of my claim. I would not hesitate to recommend families and friends if in any situation they need their services. Kathleen as well has been very well and assisted me with this case. I highly appreciate everything they have done for me.
It’s unfortunate when disability insurance companies come after older disabled policyholders just to help their bottom line. It can be a living nightmare the damage they can do to a family. Dell Disability Lawyers are polite, understanding and knowledgeable. They call you back and answer any question you have no matter how unimportant it can be. The amount of stress they took off of myself and family was incalculable. I recommend them highly to take care of any disability case whether it be filing for benefits or reversing a claim decision. They are outstanding.
I could not have been happier or more appreciative of the hard work they performed on my behalf. I was well briefed on my case and it was closed in a timely manner with a financially successful resolution.
Mr. Symonds and Sonia as well as everyone else we have worked with throughout this process have been very helpful, professional and caring to our situation. We are very thankful to have this great team on our side.
Without them my LTD company was dropping my plan with me still suffering from my accident, even with doctor’s statements I’m still disabled. The LTD company didn’t want to advance my policy to the next stage of years of pay. Dell Disability Lawyers saved my policy, and helped to enforce the LTD company’s own policy (for its policy holder, me) that I would be covered still under the LTD policy I had paid for at my previous job, when my accident occurred. These lawyers know what they are doing and can help you too. LTD companies will try to drop you when you still need coverage just because they don’t want to pay on your policy anymore. Don’t let them break contract with ya because they are trying to get out of it. Hit em with legal action to ensure the continuation of your policy you paid for. Dell Disability worked very well for me and continue to do so.
I was denied long term disability benefits from The Hartford after being on it for years. I found Dell Disability Lawyers after doing research online. In a matter of days they responded and explained to me everything that would be done. Dell Disability Lawyers were able to settle my suit against The Hartford very quickly and responded to me quickly. I would definitely recommend this team of lawyers for anyone that is fighting for their disability insurance.
I have had nothing but a great experience with Dell Disability Law Firm. Mr. Alex Palamara and his team went above and beyond my expectations. They will respond to emails and phone calls in a timely manner. Thank you once again for taking my case.
This law firm is the best so far. MetLife denied me two times, they appealed two times for me and they won of course. So if you are on disability and want a chance at winning your case use this firm Dell disability lawyers, kind courteous understanding and they get the job done. You won’t be disappointed.