To Appeal Or Not To Appeal In A Long-Term Disability Denial

Now, the truth is that quite a lot of claimants will get confused by their opportunity to actually appeal a denial of their LTD claim. The confusion is usually based around the fact that they aren’t aware of why their claim got denied in the first place as well as a wide range of different things in relation. There are quite a lot of different cases which could be reviewed to draw the proper conclusions.

The first thing that you need to understand is that in order for the court to accept the denial, it needs a clear as well as an unequivocal denial. This would usually come in a form of a letter on behalf of the insurer. There is a two year limitation period which begins to run after that. And, if you fail to commence your claim within this time frame, this is going to result in a dismissal of your claim because of delay. However, the term “clear and unequivocal” is usually one to be debated.

Is there any point?

This is the main question that you would have to take into account. Now, if the insurer has denied your compensation for some reason, regardless of what it is, chances are that he won’t change his mind and nothing you can do is going to alter this. At the same time, the hope of quite a lot of plaintiffs is that upon appealing, the insurer is going to realize he’s wrong, reverse the appeal and pay the benefits. That’s not going to happen, or at least it had happened so rarely that it borders non-existent. The thing is, the insurer is well aware that he’s wrong. He’s denying you the compensation in order to drag this out as much as he can.

Initiate your claim instead of appealing. It is important to do this directly with the authorized court and you will quickly see a change of pace in the behavior of the insurer. As a matter of fact, you are likely to get a call from the adjuster quite sooner than you expected, wanting to negotiate a settlement offer.

Do not appeal too much

Even if you’ve decided to appeal the denial, which is usually pointless, you should make sure that you don’t overdo it. If you get denied twice, let it go and present your claim to the court instead. The insurer can make a point that certain limitation periods have passed and this could play you a cruel joke. So, instead, handle the matter concisely – invest in a law suit from the get-go and let the court do its job, especially if you are certain that you have merit. It is best to seek the advice an experienced lawyer, so that you are on safe grounds. It is best to work on his or her advice and ensure that it works in your defense.