Long-term disability insurance provides income protection to individuals who become unable to work due to a serious illness or injury. Unlike short-term disability insurance, which typically covers a limited period of time (usually a few months), long-term disability insurance offers benefits for an extended duration, which can range from a few years to retirement age, depending on the policy terms.
Navigating the complex world of long-term disability insurance can be overwhelming, especially when it comes time to file a claim. A California Long-Term Disability Lawyer from Kantor & Kantor, LLP can give you the best chance of receiving the benefits you deserve by helping you gather the necessary proof to satisfy insurance company regulations.
Proof Necessary for a Long-Term Disability Claim
Our experienced attorneys outline the main proofs necessary for long-term disability claims and provide insights on effectively preparing your claim.
Medical Documentation
The Social Security Administration (SSA) declares that “medical evidence is the cornerstone” of any disability determination; this is also true for LTD insurance companies. This evidence supports your diagnosis and demonstrates the severity of your condition. The following are essential aspects of medical documentation:
- Detailed Medical Records: This includes a comprehensive history of your medical condition, treatment plans, and ongoing management or therapies. Be sure to include records from all healthcare providers involved in your care.
- Doctor’s Statements: Written statements from your treating physician or specialists can be incredibly persuasive. These statements should detail your diagnosis, limitations, and the recommended course of treatment. A strong report explaining how your condition prevents you from performing your job is essential.
- Imaging and Test Results: Include any relevant lab test results, MRIs, X-rays, or other diagnostic images that provide concrete evidence of your condition.
Disability Assessment
The insurance company will require an assessment of your ability to work. This may include:
- Functional Capacity Evaluation (FCE): An FCE assesses your physical ability to perform job-related tasks. This evaluation will provide measurable evidence of your functional limitations.
- Neuropsychological Evaluations: For mental health conditions, obtaining a psychological assessment can help demonstrate how your disability affects your cognitive functioning and ability to perform work duties.
Employment Records
To support your claim, you must provide documentation related to your employment history. Key elements include:
- Job Description: A detailed description of your job’s responsibilities, including physical and cognitive demands, can help illustrate how your disability impairs your ability to perform your regular work functions.
- Income Verification: Providing proof of your income, such as recent pay stubs or tax returns, ensures that the insurance company understands how your disability impacts your financial situation.
Personal Statements
Personal accounts of your condition can provide valuable context to your claim:
- Personal Affidavit: Write a personal statement outlining your daily struggles, including how your condition affects your ability to perform daily tasks and engage in activities you once enjoyed. This account adds a personal touch and emphasizes the impact of your disability.
- Witness Statements: Collect statements from family, friends, or colleagues who can attest to how your disability affects your life and work. Their observations can strengthen your case.
Evidence of Treatment
Ongoing treatment for your disability is critical to your claim. This evidence could include:
- Records of Therapy Sessions: Documenting regular therapy sessions, medications prescribed, and any alternative treatments pursued highlights your proactive approach to managing your condition.
- Compliance with Treatment Plans: Ensure that your medical providers have documented your adherence to recommended treatments, as failure to follow prescribed treatment can lead to claim denials.
Long-Term Disability Attorneys with the Expertise You Need
Filing a long-term disability claim requires careful attention to detail and comprehensive documentation. Our long-term disability attorneys at Kantor & Kantor, LLP can help you gather the necessary medical records, disability assessments, employment records, personal statements, and treatment evidence to create a compelling case to support your claim. We know that each claim is unique, so we work closely with your healthcare providers to help you navigate this complex process effectively.
If you have been denied a long-term disability claim or need assistance regarding your rights and options, call 818-886-2525 today for a free consultation with one of our skilled attorneys. Getting the right support can significantly impact your journey toward receiving the benefits you deserve.
