Disability insurance and Social Security benefits were created to provide assistance to individuals that truly need it. It is reserved for those who have been afflicted by some physical or mental disability that prevents them from working. Unfortunately, some private insurance companies are guilty of long-term disability fraud, meaning they deny payouts to insured persons for fraudulent or invalid reasons. If your insurance company is avoiding paying out your disability benefits or paying out much less than you are owed, contact a disability lawyer or social security lawyers to help you.

Disability insurance and Social Security benefits were created to provide assistance to individuals that truly need it. These benefits are reserved for those who have been afflicted by some physical or mental disability that prevents them from working. Unfortunately, some private insurance companies are guilty of long-term disability fraud, meaning they deny payouts to insured persons for fraudulent or invalid reasons. If your insurance company is avoiding paying out your disability benefits or paying out much less than you are owed, contact a disability lawyer or social security lawyers to help you.

Avoiding Disability Fraud with Long-Term Disability Insurance Companies

Many long-term disability insurance companies are guilty of engaging in bad faith insurance practices such as denying policy benefits for otherwise fraudulent reasons or without cause, failing to fully investigate a valid long-term disability claim, purposefully delaying long-term benefit payments to insureds and much more. Here a few tips you can use to avoid companies that engage in bad faith practices:

• Conduct thorough research on the long-term disability insurance company you are considering before taking out a policy. Know their practices and understand what happens in the event you file a claim.
• Be sure to ask thorough questions about benefits, what they include, when they kick in and how long they are expected to last.
• Become familiar with your policy once you receive one and read all of the clauses and fine print so there are no hidden surprises when you file a claim.
• Speak with an attorney that focuses his or her work on insurance matters to learn what the best and standard practices are for the particular insurance company and others within the industry.

If you have reason to believe you are being denied benefits you’re genuinely owed, discuss your case with a disability attorney. Their assistance can play a critical role in helping you access insurance benefits.

How an Athens Disability Attorney Can Help

The specific way in which a lawyer can help you when you’re being denied benefits you deserve may depend on the specific details of your case. In general, though, an attorney may assist you in the following key ways:

• Reviewing your case to accurately determine whether you are or are not being denied benefits you may be owed;
• If necessary, coordinating with medical professionals and gathering evidence to show that you are eligible for benefits that you have been denied;
• Addressing any facts or inconsistencies in your medical history that may have harmed your case in the past;
• Handling all correspondence with insurance companies and other such parties, which in turn allows you to focus on your own needs as you cope with a disability.

Again, an attorney will consider the specifics of your case when determining how to approach it. The best way to learn more about how a lawyer can potentially help you recover benefits for which you may be eligible in these circumstances is to schedule a consultation.

Dealing With Long-Term Disability Insurance Companies: What You Need to Know

As you go about the process of seeking an attorney, you should also keep certain tips in mind when communicating with insurers. They include the following:

• Request a copy of your policy via certified mail. Although your attorney can assist you with this process if you hire one before requesting a copy of your policy, taking this step before hiring a lawyer can allow an attorney to begin working aggressively on your case right away. They will review your policy and identify how an insurer may have potentially violated its terms.
• Consult with an expert when filling out your application for benefits. In some instances, insurance companies design applications so that questions can elicit answers that provide them with justification to deny an applicant of benefits they may deserve. You need to be truthful when filling out an application, but you also need to be careful to avoid making statements or giving answers that can hurt your chances of collecting what you may be owed.
• Don’t fall for common insurance company tactics. For example, it’s not uncommon for insurers to behave in a friendly manner in an effort to convince you that they are on your side. While none of this is meant to suggest that all insurers are unethical by nature, you must remember that insurance companies are still profit-focused businesses. Thus, the employees of a long-term disability insurance company are often encouraged to seek reasons to avoid paying claimants and applicants. Although an insurer may be giving you the impression that they are acting in your best interests, that does not mean you should trust them. Be extremely cautious during any and all correspondence with an insurer. It’s usually best to wait and let your attorney handle such correspondence.
• Make a list of the various ways in which your disability may be negatively impacting your life on a daily or otherwise routine basis. Which tasks are more difficult to perform than they theoretically should be?

Consultative Examination in Georgia

That last point is important. Having such a list on hand may be helpful if your insurer asks you to undergo a “consultative examination.” Sometimes, when an individual with a disability applies for benefits, an insurer will request that they first undergo an examination by a supposedly “independent” doctor. However, it’s not unusual for insurance companies to intentionally select doctors who they have reason to believe will downplay a claimant’s symptoms.

Of course, a doctor can’t simply lie about whether an applicant is deserving of benefits. That said, they can employ a range of other tactics to help insurance companies justify paying applicants less than they may be eligible for. For example, if you merely forget to mention certain symptoms or difficulties you’re facing when you undergo a consultative examination, even if you bring them up later, a doctor can say that your failure to mention these symptoms during your examination indicates you are now making up these symptoms and/or challenges in an effort to secure more money than you truly need.

You must prepare for your consultative examination accordingly. Your goal is to ensure you don’t leave out any information that can help you demonstrate why you deserve the benefits you’re seeking. 

All that said, if you are being denied benefits you deserve because you’ve already made some missteps when dealing with an insurance company, that doesn’t necessarily mean you have no chance of accessing your benefits. Again, an attorney may be able to help you secure what you are owed.

Schedule a Consultation with an Athens Disability Lawyer Today

Being cheated out of the benefits you deserve when you have a long-term disability can be devastating. Don’t let insurance companies take advantage of you and deny you the benefits you need to enjoy a reasonable quality of life. Let us protect your rights and your benefits. Contact Morgan & Morgan today for a free consultation with one of our expert disability lawyers.

Originally published November 5, 2015 and updated October 2, 2021

Jason Braswell

Jason Thomas Braswell is a seasoned attorney with over 20 years of experience helping Georgia residents navigate bankruptcy and social security matters. Admitted to practice in all Georgia courts and the U.S. District Courts for both the Middle and Northern Districts of Georgia, Jason is a trusted advocate dedicated to securing financial freedom for his clients.

A member of the Western Circuit Bar Association, Jason’s commitment extends beyond the courtroom. He has volunteered as a coach for the Cedar Shoals Mock Trial Team and served as a board member for the non-profit Casa de Amistad, showcasing his dedication to his community.