An injury or the discovery of a disability has left you unable to work. As a result, you prepare the required documents and apply for disability insurance. You do not expect any issues because your claim is truthful and compliant with all standards and regulations.
However, lo and behold you are denied disability insurance. This has no doubt resulted in you feeling anxious, upset, and disappointed. However, you have the right to appeal the decision and below are 5 ways a disability insurance lawyer can help you do so.
1. Prepare for questioning
Before you go for the hearing of your disability insurance claim, you have to be prepared. Your lawyer will prepare you in advance to ensure you do not make mistakes and say anything that would incriminate you and therefore endanger your appeal. The attorney understands all the procedures and requirements at the hearing and will advise you on what to expect. This can boost your confidence during the questioning.
A disability lawyer has dealt with similar cases before and knows the questions the judge or attorney of the insurance company might ask. Prior preparation will ensure you give answers that will strengthen your disability claim.
2. Leverage on the familiarity with the judge
Disability attorneys have knowledge about judges that preside over disability hearings. They have conducted several hearings before these judges, and they are familiar with their personality, values, and tendencies.
Attorneys familiar with disability law tend to understand the weaknesses and strength such judges look for in a case. Your attorney can leverage this to your advantage to put you in the best position possible to win your disability insurance claim. Based on the judge who will listen to your case, your lawyer can advise you on the best way to approach the case.
3. Acquiring doctor’s written opinions
Insurance companies always require your physicians and medical experts to complete statements that prove your inability to work. Usually, most physicians hate to be bothered by endless requests for this data. As a result, it might be hard to get a physician to provide you with a written opinion about your inability to work on your own. Most doctors, however, will answer requests from lawyers. An attorney can easily get a doctor to provide you with the written opinion.
Attorneys can work with physicians to help compile evidence that you can then use in your case. An attorney can also organize for an independent medical examination and other medical tests to meet the demands of the insurance policy.
4. Filing appeals & drafting briefs
After being denied disability insurance, you usually have 60 days to file an appeal for reconsideration. This procedure varies from jurisdiction to another. Your lawyer understands the process and deadlines and will ensure he/she submits your application in a timely manner.
Your attorney will also draft an appeal brief and include all legal arguments to persuade the court of your disability. There are usually many appeal documents to file and failure to complete all required forms correctly can result in a delay or an outright dismissal of your case.
5. Attend hearings
An attorney can also represent you in the trial. They will gather and assess all your medical reports and use it as evidence. Lawyers know what evidence is useful and what material is usually seen as irrelevant or damaging to a case. Your attorney can use evidence gathered to argue your case before a judge or tribunal.
During hearings your attorney will have the experience and know-how to ask questions that strengthen your case and refute any testimony that goes against it.