• Disability Attending Physician Statements Are Biased Toward Claim DenialDisability Attending Physician Statements Are Biased Toward Claim Denial

Maintaining Approval of Your Long Term Disability Benefits Requires Care and Treatment

Every day our law firm is contacted by at least 10 people that were initially approved for long term disability insurance benefits and now the insurance company has notified them that after several years of paying benefits the claimant is no longer disabled. Despite reviewing thousands of these disability insurance claim denial letters throughout my career I still feel amazing frustration and anger when I read 90% of these denial letters. It is hard to comprehend how an ethical individual can even sign their name to most of these denial letters, but then I quickly remind myself that we are dealing with large insurance companies that have trained their employees to seize any opportunity to deny a long term disability claim. In order avoid the all to common denial of a long term disability denial, I always tell my clients that they cannot let their guard down and assume that the insurance company will just pay forever.

Disability Claims Examiners Are Required To Review Your Claim Monthly

Every month a disability insurance claims examiner is required to review a claimant’s claim and make a determination if benefits should be paid. The claim examiner is required to document why they are approving the claim and what steps they have taken to make sure the claimant is still entitled to get paid. The disability insurance company will constantly request updated medical records and search for something that they can use to deny a claim. Claimants are often unaware that their medical records are being reviewed. The submission of monthly, quarterly, semi-annual or annual claim forms are forms that the insurance company evaluate and require to obtain claim approval. These claim forms must be strategically completed each and every time in order to maintain claim approval. Often we see that troubles begin when a new claims examiner is assigned to the claim. We also see that disability claimants are not consistent with their medical treatment and the insurance company interprets this as the claimant is feeling better. Obviously there has been a reduction in medical treatment as there simply is not much that the doctor can do for the patient. If you are a claimant that has been receiving benefits for several years, you must see you doctor at least once every three months just to satisfy the disability insurance company minimum requirements. Sometime you can get away with 2-3 visits a year, but this depends on the extent of your medical condition and your definition of disability.

“When going to the doctor for each visit, you must make sure that your doctor is properly documenting ALL OF YOUR COMPLAINTS.” We often see medical records after a claim denial, and the medical records contain none of the information that the client tells us is disabling. Doctors are in business to treat patients and they often do not focus on documenting your medical conditions with enough specificity to satisfy a disability company. Disability insurance companies take advantage of poorly documented medical records as a basis to deny claims. When we are representing a claimant that is receiving long term disability benefits, we regularly request updated medical records and review them to avoid unnecessary claim denials. We always review the required Attending Physician Statements and we do not allow them to be submitted without our approval.

If a treating doctor refuses to cooperate in either properly documenting your medical condition or completing claim forms, which some do, then is imperative that you seek treatment from a new doctor. We continuously work with our clients and their doctors to make sure that the medical records and claim forms continue to support the disability insurance company’s requirements. Please contact any of our long term disability insurance attorneys to discuss how we may be able to assist you.

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FAQ

Do you work in my state?

Yes. We are a national disability insurance law firm that is available to represent you regardless of where you live in the United States. We have partner lawyers in every state and we have filed lawsuits in most federal courts nationwide. Our disability lawyers represent disability claimants at all stages of a claim for disability insurance benefits. There is nothing that our lawyers have not seen in the disability insurance world.

What are your fees?

Since we represent disability insurance claimants at different stages of a disability insurance claim we offer a variety of different fee options. We understand that claimants living on disability insurance benefits have a limited source of income; therefore we always try to work with the claimant to make our attorney fees as affordable as possible.

The three available fee options are a contingency fee agreement (no attorney fee or cost unless we make a recovery), hourly fee or fixed flat rate.

In every case we provide each client with a written fee agreement detailing the terms and conditions. We always offer a free initial phone consultation and we appreciate the opportunity to work with you in obtaining payment of your disability insurance benefits.

Do I have to come to your office to work with your law firm?

No. For purposes of efficiency and to reduce expenses for our clients we have found that 99% of our clients prefer to communicate via telephone, e-mail, fax, GoToMeeting.com sessions, or Skype. If you prefer an initial in-person meeting please let us know. A disability company will never require you to come to their office and similarly we are set up so that we handle your entire claim without the need for you to come to our office.

How can I contact you?

When you call us during normal business hours you will immediately speak with a disability attorney. We can be reached at 800-682-8331 or by email. Lawyer and staff must return all client calls same day. Client emails are usually replied to within the same business day and seem to be the preferred and most efficient method of communication for most clients.

Reviews   *****

John S. (Alabama)

My Dell & Schaefer experience spanned over 7 years and it was in one word “Relief”. A fantastic relief. Why relief? Because dealing with my disability insurance company was nightmarish and D&S instantly relieved me of all the worry. From the very first conversation I had with Greg Dell, on a Sunday I believe, thru his help, he and his most competent team including Alex Palamara, Danielle Lauria, and Anneli De-Cardenas removed the proverbial 800 pound gorilla off my shoulders. Greg and Alex spent an initial, and draining 3 hours listening in while an insurance rep grilled me on an in-home interview. This was after they had filmed me on two separate previous occasions. They even followed me thru Walmart, cameras on! Yes folks, they will try to catch you doing anything outside the limits of your disability. They don’t want to pay you!

My Dell & Schaefer attorneys told me from the start, be honest when you talk to the insurance company people on that interview. I did and from that interview on, D&S handled everything regarding my policy. I was able to sleep at night knowing I had expert representation. Everything from my disability company went through Dell & Schaefer. This was a huge burden, relieved!

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