Frank Darras, America’s Top Disability Lawyer, discusses how choices, timelines and evidence concerning your appeal depend on what type of disability claim you have.
“Two answers. Two questions.”
“Is it an individual policy that you bought from an agent or a broker? There, you need real legal help. If you give the insurance company a second bite at the apple, give them a chance to do right when they did wrong, that’s not OK. They should have made the right decision the first time. You need a lawyer to be able to truly interpret whether this individual policy requires you to appeal.”
“If you have group coverage – you’ve got a policy from work – you must appeal, and the time frame is unforgiving. It could be as short as 90 days, it could be as long as 180 days. The insurance company wants you to do a one liner — I appeal. That means your record will be closed. The appeal is the most important thing an insured can do.”
“You need a lawyer to put in your occupational information. Put in your medical information. Get the letters of support from all of your doctors. Make sure that the medications are in there, the side effects, the case law for what jurisdiction you live in.”
“If it’s not in the appeal — it is out. And you need to prove beyond a reasonable doubt that the insurance company was wrong, and you cannot do that on your own. You need counsel for an appeal in a group setting.”