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Why do disability insurance companies challenge disability claims filed by attorneys and business professionals?

Unfortunately most disability insurance companies think that if you are an attorney, then your job only requires you to sit at a desk all day. Most disability insurance claim consultants are trained to look at a job as the physical capacity to either sit for a certain period of time or the ability to lift a certain amount of weight. They are trained to often ignore the cognitive skills such as focus and concentration that are required to execute a job while sitting at desk. Since there is no medical device which can verify whether or not a person is actually in pain, the insurance companies will often claim that there is no objective evidence to support complaints of pain. An argument such as this seems borderline fraudulent and creates an unjustified threshold that a claimant could never meet in order to prove he or she is disabled. In more than 90% of disability claims, it is pain and its cognitive effect on a claimant that results in the claimant’s inability to work.

The Ability To Sit At A Desk All Day Does Not Mean You Can Do Your Job

In order for attorneys and business professionals that have sedentary occupations to prove their disability, they must have outstanding documentation from their treating physician and they must make sure that the insurance company understands the substantial and material duties of their pre-disability occupation. A high functioning occupation such as an attorney requires the ability to multi task, focus and concentrate for a minimum of 8-10 hours a day. Does it really matter if a disabled lawyer can sit in a chair for 8 hours a day, but has almost no ability to complete any work task in an effective manner. Does a client want to pay an attorney for 4 hours worth of time when the task should take 30 minutes? Obviously not! In order to qualify for disability a claimant does not need to be bedridden and they do not need to be disabled from the normal activities of daily living.

A Coordinated Plan or Strategy Must be Followed in order to Collect Disability Benefits

Whenever our disability attorneys represent any disability claimant, especially business professionals, we always make sure that we have a coordinated presentation of the claim with the treating physicians, claimant, employer, and any other individuals that have knowledge of the claimant’s difficulties. Every disability claim has very specific facts which can make each claim challenging in its own way. Most disability insurance policies contain different policy language therefore it is important that a claimant is in compliance with the terms and conditions of the disability policy. It is our job as disability insurance lawyers to make sure the client has all of the evidence necessary to obtain benefits and to maximize all benefits available under the policy.

Whether a claimant is at the application stage, on claim, or has been denied, the planning on a disability claim and treatment with a physician(s) can never stop. Unlike and SSDI claim, disability insurance companies evaluate claims on a monthly basis and they are continually looking for reasons to deny claims. A disability claimant should never let their guard down when dealing with a disability company and always be prepared to prove the continuous inability to work. We always offer a free initial consultation and welcome the opportunity to speak with you about your short term or long term disability insurance claim.

There are 2 opinions so far. Add your comment below.

John:

I have been on claim for almost 3 years. I had a rare group policy that did not have the two year limit on mental health. My claim seems to be reviewed only once a year, not monthly. Should I be concerned? Thanks for all this information. I love reading the site and watching all youTube videos you have created. I transitioned from own to any occ w/o too much of a problem. I see a mental health professional once a month for treatment. I am very dubious of insurance companies. I worked for over 2 decades with the mental health problem I filed the claim for, but over the years, the disorder had just gotten to a point until I could not continue any longer. My policy pays until age 65 unless I am terminated early for some reason. I am also on SSDI. LTD is being offset by SSDI income, but I need both in order to survive now. I hated having to go thru this process. I had a great paying blue collar job with fantastic benefits but I just could no longer work due to this chronic mental health condition. Thanks for the online education on LTD you have given me. I know my policy like the back of my hand.

Attorney Greg Dell:

John,

I would like to tell you that you do not need to be concerned, but I would be misleading you. Never let your guard down and assume that the company will continue to pay you, especially with a mental nervous claim. The highest percentage of denied disability insurance claims are mental health claims due to the subjective nature of mental health disorders. In most of these denials, the insurance company will try to argue that a person should be able to recover through meds and different types of therapies. Obviously a person that has been suffering for many years can only try to manage their symptoms and will not likely recover to point of functioning at a job. You need to make sure that you continue to treat regularly, take your medications, and make sure you do everything your doctor recommends. Your doctor must have good documentation of your medical records and be experienced in handling disability insurance claims. If your doctor is one that takes limited medical records each visit, then this could be a problem for you in the long run. The fact that you are receiving SSDI is helpful, but not a guarantee. Down the road, the insurance company can say SSDI looked at your claim several years ago and we are looking at it now.

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