Frequently Asked Questions

How Do I Avoid a Denial of My Long Term Disability Case?

Frank Darras:

“The most common denials in long term disability cases occur when the insurance company hires videotapers. If you’ve been on claim for more than a few months, anticipate the insurance company is going to come out at the holiday, before the 4th of July. They’re going to want to see where you went and how you spent your day in a disabled way.”

“When you tell the insurance company that your next appointment with the orthopedist is at 10 o’clock August 1st, guess what they’re going to do? They’ll have videotapers out there, because they know you’re coming from home, you’re going to your doctor.”

“You say I always use a cane, yet on the day you went to the doctor, you used the cane on the way in, didn’t use a cane on the way out. You say you can’t focus or concentrate. The carrier has you exchanging money at the car wash. You say I can’t be out for very long, and they get you on a good day going to the bank, the post office, and stringing together activities that are inconsistent with your disability.”

“Or you’re just too chatty. They call you at home and you are Johnny on the spot, answering all the questions, firing off e-mails. You’ve got focus and concentration issues? Why don’t your e-mails reflect that? If you can’t pay attention, how is it that you’re responding to the carrier’s questions?”

“Those are the most often ways I see disabled people lose their benefits.”

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