Regardless of the circumstances, a long-term disability will change your life. Although many people purchase insurance policies to protect against long-term disabilities, insurance companies will sometimes deny, delay, or reduce long-term disability benefits. In legal terms, this breach of support is known as an act of bad faith.
Here's how a long term disability lawyer will help you fight an act of bad faith by your insurance provider.
The first thing a long-term disability lawyer will do when representing a client against an insurance provider is getting a clear reason why the benefits aren't being paid in full.
Over Share: Your long-term disability lawyer will need every document related to your insurance policy and your long-term disability. From your medical records and bills to your emails and correspondences with your insurance provider, every document can help your long-term disability lawyer get a clear idea about both the problem and the possible legal solutions for your case.
Formal Request: Once your long-term disability lawyer clearly understands your side of the dispute, they will formally request an official reason for the delay, denial, or reduction of long-term disability benefits. This formal request will not only shift the burden of proof onto your insurance provider, but it will also signal that you intend to fight their decision. Simply hiring a long-term disability lawyer can compel your insurance provider to change their decision to avoid litigation.
If your long-term disability lawyer cannot compel your insurance provider to reverse their decision, they will take your case to court.
Policy Deconstruction: Long-term disability insurance policies are notorious for including volumes of fine print. When an insurance provider commits an act of bad faith, they often point out sections of the fine print to justify their actions. Your long-term disability lawyer will deconstruct the fine print to find loopholes and ambiguity to build your case. When refuting the fine print, your long-term disability lawyer might also cite examples from similar cases that went against an insurance provider.
Deposition Position: Another tactic used by long-term disability lawyers is ordering depositions. For instance, they might obtain a court order to depose your insurance adjuster and the insurance representative who originally sold you your policy. If the individuals don't show up for their dispositions and/or they give conflicting information about your case, your long-term disability lawyer can use this against your insurance provider in court. In many cases, once your long-term disability lawyer secures depositions, insurance companies are quick to reverse their decision or offer a large settlement to end the dispute.
For more information, reach out to a local long-term disability lawyer.