• Never Speak to Disability Insurance Company Without an Attorney

Why should I have a disability insurance attorney participate in an interview requested by the disability insurance company?

What is the advantage to a person having an attorney present for a field interview?

As we were discussing earlier, these interviews are made to elicit certain statements from you. It’s almost like a deposition. Obviously you are not making objections, you are making a record but what you are telling them can be used against you and it’s important that you have your lawyer there representing your interest, understanding what that process is going to be about and also therefore, the consistency of what they are going to say your statements are later on and what they are going to put into their claim file in their record. It’s going to be important because they may put something in there that is completely different from what you said or you thought you said and your attorney is there taking notes, they are there advising you if you need to take a break, you need to talk to a lawyer. They are there to do that.

So, two other things, I always find: that the preparation of the claimant for the field interview is essential and in order to do that, especially from our perspective, we have to have the complete claim file, not the claim but all the correspondence back and forth between the carrier and the claimant. We have to have a copy of all the medical records of the claimants, to see if the doctors are documenting the restrictions and limitations that are consistent with what the claimant is saying, he or she can’t do. We have to have the financial records to see if the financials are consistent with what the claimants are saying to the disability company, the amount of money they were earning. So I find that the preparation is extremely important for those field interviews. And also, I find that, whenever I am at field interviews I am always interjecting comments to clarify something that I think could immediately be a red flag or something that the field interview person is honing in on to try to shape the claim towards a certain area that, myself especially, knowing the definition of disability policy, knowing certain limitations or things that could jeopardize benefits, I am going to tell the claim person right there to make sure that they have that written down, so that it is clear to the company that this is our position and not what they are trying to make it to be.

Exactly, I experienced it today but before touching in on one thing you said with regards to preparing for field interview, having an idea about the financials, all the medical records, all those go back in the cases in the claims where I am going to assist in the applications, because the field interviews, a lot of times comes before benefits have been approved and there has been a decision. So the good thing about having an attorney early on is that they have reviewed everything and you can start to see where there might be red flags. And like you said, the field interviewer today, (I had it) – they started going into policy language, trying to define what the term substantial meant, and they were trying to elicit information from the client and the clients have no idea what it means. So realistically it’s illegal, so it’s a matter or really making sure you don’t get pigeon holed.

Often times they have not seen the policy since the day they purchased it. And then they are asked – what do you think this means? What does this thing mean to you? And it’s just another way for the carrier to use the statement that you made against you even though you could say – I think that maybe you are right, maybe I am partially disabled when I read this definition. But in reality they are not, maybe in reality they are totally disabled because they cannot do the essential duties that are your bread and butter.

Comments (5)

  • The sad thing is, how do they expect one to know if they are capable of doing a job, if they are confined to their homes locked behind closed doors? I love my yard, after second fusion healed, though worse pain than before, I went out and picked up a few bags of leaves because I felt somewhat well… never again… landed me in bed for 3 days! Sad!

    UL May 15, 2014  #5

  • Jules,

    Please refer to your other comments I responded to. Please feel free to contact our office to discuss your claim and how we may be able to assist you.

    Stephen Jessup May 4, 2014  #4

  • I just received a couple papers in the mail, pretty much the same that I have filled out before on my condition, who’s in the home, what my limitations are etc. I filled out the papers sent them off by mail and was contacted today. They received my papers and they were making me aware someone from The Hartford was going to be contacting me to interview me at my home or a place he did say. So have they got surveillance on me and can I deny them comming to my home? I have no prob meeting somewhere else and how long are there interviews? Oh and by the way my check is sent to my old house we have that no one lives in and all my mail goes to and I have not updated my personal residence. I have planned to. Do you think these people search all over for you? I always use the old address for everything still. I have nothing to hide, I have rsd/crps I have good days and bad and if I dope myself up enough I feel fine but when they wear off I can’t even walk. RSD is in my legs and feet, the symptoms have let up a bit but is a disease that doesn’t go away, that is managed by pain pills. Can anyone give me heads up on these asses from The Hartford?

    Jules May 3, 2014  #3

  • JJ,

    You can almost be guaranteed that Hartford has video surveillance of you. Hartford’s routine is to conduct video surveillance and then show up at your door or schedule a field interview visit that last several hours. We have represented hundreds of Hartford claimants and attended numerous Hartford field interviews with claimants. With a depression claim, the video surveillance is usually worthless, unless you are seen out partying or doing something inconsistent than what you may have told them. Give us a call if you would like assistance with the Hartford field interview.

    Gregory Dell Feb 5, 2013  #2

  • I have The Hartford LTD policy through my previous employer. I was recently approved for SSDI for depression/anxiety at the Reconsideration appeal. I have 12 years of medical records. At the beginning of Dec 2012, a representative from The Hartford came to my residence unannounced. I did not give them my physical address. My address of record was a PO Box. The problem is I share the same physical address with another lady although I live in a mother-in-law suite type place next door to the main residence. The Hartford didn’t know this and like I said, they knocked on the neighbour’s door. No one answered and the man called my cell phone as he was leaving stating he was just at my house! I freaked out! Long story short, I believe they had surveillance of my neighbor who is similar age, weight, hair color, etc. and they were going to spring a surprise field visit on me and ultimately deny my coverage. Two days later I received a letter from The Hartford giving me a dozen reasons why they can stop my coverage. They want me to meet with one of their reps.

    I have since sent the company two scathing letters and have had no response. My question is, What type of surveillance do they expect to get on a depression claimant? I went through the review going from “my occupation” to “any occupation” without incident over a year ago. I rarely go anywhere as I have no family or friends. This guy really upset me and I’m having nightmares from it. Any thoughts are appreciated.

    JJ Feb 4, 2013  #1

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Questions About Hiring Us

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.

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