Is A Lawyer Necessary for an Appeal of a Long-Term Disability Claim?
I have a disability insurance policy through my job. I am disabled but the disability insurance company denied the claim. The company says I have the right to appeal and that I don't need a lawyer. Do I need a lawyer?
I strongly recommend that you have the help of a lawyer. It sounds like your policy is going to be covered by a special federal law and, if your policy has language in it that is often found in such policies, a federal court that reviews a denial of your claim will be largely limited to looking only at the same evidence the insurance company looked at when it denied your claim. Thus, it is extremely important that your file with the insurance company contain all of the relevant material that can be used to support your claim, An experienced lawyer knows what material to submit on appeal and how to make the most persuasive argument that can be made on your behalf.
Also, depending on the language of your policy, it may be very difficult for a federal court to reverse the insurance company's decision to deny you benefits. If the policy so states, the judge can only reverse a decision to deny benefits if the judge finds that the insurance company "abused its discretion" in making its decision.
All too many people think that they can handle the appeal on their own and get a lawyer involved only after an appeal has been denied. Unfortunately, in many cases, the failure to get the help of an experienced lawyer not only means the loss of an appeal but also the loss of the entire claim.
