When you’re unable to work due to a long-term disability, the last thing you want is to face challenges from your insurance company. Unfortunately, insurers often scrutinize claims by questioning your workability, even when medical evidence supports your case. This is where a long-term disability lawyer becomes an essential ally in fighting for the benefits you deserve.
Understanding Work Ability Assessments
A work ability assessment is a tool insurers use to determine whether you can perform your job or any other type of work despite your disability. These assessments may involve reviewing medical records, physical evaluations, vocational testing, and sometimes even surveillance.
While work ability assessments aim to determine your capabilities, they are often biased toward minimizing payouts. According to a report from the Council for Disability Awareness, only 35% of long-term disability claims are approved without challenges. This statistic underscores the importance of being prepared and having professional guidance when dealing with insurers.
How Insurers Question Your Work Ability
Below are a few examples of how insurers may question your workability.
Disputing Medical Evidence
Insurers may argue that your medical records do not adequately prove your inability to work.
Relying on Incomplete Evaluations
Some work ability assessments may be based on brief evaluations that don’t capture the full extent of your disability.
Claiming You Can Do “Other Work”
Insurers often contend that you can perform a different job, even if it’s unrealistic given your condition or training.
Surveillance and Misinterpretation
Insurers sometimes use surveillance to claim you’re more capable than you appear, often taking activities out of context.
These tactics can feel overwhelming and unfair, especially when you’re already dealing with a significant health issue.
How a Long-Term Disability Lawyer Can Help
A disability lawyer understands the complexities of long-term disability claims and knows how to counter insurers’ tactics effectively. Here are key ways they can assist:
Interpreting Policy Language
Disability insurance policies are often filled with technical language and legal loopholes that can be confusing. Your lawyer will review your policy in detail to identify your rights and ensure the insurer is held accountable for their obligations.
Gathering Comprehensive Evidence
Medical records alone are often insufficient. A long-term disability lawyer will work with your healthcare providers to gather detailed medical evidence, vocational expert opinions, and personal testimonies to strengthen your case.
Challenging Work Ability Assessments
If your insurer’s workability assessment is biased or incomplete, your lawyer can challenge its validity. They may arrange for independent medical evaluations or vocational assessments to counter the insurer’s claims.
Negotiating with Insurers
A lawyer’s involvement often signals insurers that you’re serious about your claim. This can lead to more favorable negotiations and potentially avoid the need for lengthy legal battles.
Representing You in Appeals or Litigation
If your claim is denied, a long-term disability lawyer will guide you through the appeals process or represent you in court to fight for your benefits. Claimants represented by legal counsel are significantly more likely to succeed on appeal.
Common Challenges Claimants Face
- Incomplete Documentation: Insurers often use gaps in medical records as a reason for denial.
- Delays in Processing: Prolonged delays can cause financial and emotional stress.
- Overemphasis on Surveillance: Misinterpreted activities from surveillance can unfairly influence decisions.
Tips for Strengthening Your Claim
- Keep Detailed Records: Maintain thorough documentation of your medical treatments, symptoms, and limitations.
- Follow Medical Advice: Demonstrating adherence to your doctor’s recommendations strengthens your credibility.
- Communicate Carefully: Be cautious about what you share with your insurer, as even innocent comments can be misused.
The Importance of Early Legal Assistance
Engaging a long-term disability lawyer early in the process can prevent mistakes and improve your chances of success. Whether it’s submitting initial documentation, handling work ability assessments, or navigating appeals, their expertise ensures your claim is handled effectively.
According to the National Organization of Social Security Claimants’ Representatives, early legal intervention often reduces delays and increases approval rates.
How Disability Attorney Services Can Help
At Disability Attorney Services, we specialize in assisting individuals whose insurers have questioned their workability. With years of experience and a commitment to personalized service, we fight to ensure our clients receive the benefits they deserve.
Comprehensive Case Evaluation
We’ll review your policy, medical records, and work ability assessment to identify your case’s strengths and weaknesses.
Expert Advocacy
From negotiating with insurers to representing you in court, we provide strong advocacy every step of the way.
Ready to Fight for Your Benefits?
If your insurer is questioning your work ability, don’t navigate the process alone. Contact Disability Attorney Services, LLC. today to schedule a consultation and learn how a dedicated long-term disability lawyer can help. We’re here to protect your rights and secure the benefits you deserve.
