How To Fight Denial of A Disability Claim?

The presentation of a strong case, in support of a claimant’s personal injury claim develops from an understanding of the legal issues that relate to personal injury lawsuits. Any such lawsuit must provide a reason for the charge.

What might be the charge made against an injured victim that has been denied a disability claim?

In a large number of cases, the insurance company charges the denied victim with malingering. Malingering is the legal term for the act of faking or exaggerating the nature or severity of a given injury.

What documents should be obtained by someone that plans to fight a denial from an insurance company?

• Papers that show the results of any tests ordered by the treating physician.
• The same physician’s opinion, regarding the nature and severity of the victim’s injury.
• Papers that show that the injured victim used the treatment method prescribed by the treating physician.

How is a lawyer’s assistance helpful?

A Personal Injury Lawyer in Orillia can get a medical expert to review a client’s medical report. That lawyers often remind their clients about the fact that an insurance company’s investigators frequently use video cameras, in order to obtain footage of the victim’s actions. The investigators compare the actions performed by the claimant to those that the same claimant is supposed to be unable to complete.

Steps to take when fighting a denial from the insurance company

Take the first step right after getting injured. Arrange to receive immediate medical attention.

Be prepared to prove a claim of pain, if your injury caused you pain. Start keeping a diary or a journal. Each day, record any action that caused you to experience a painful sensation. For how long did that sensation persist?

Consult with and hire a lawyer. That lawyer should help with the gathering of evidence, such as forced changes in the client’s lifestyle. The need to stay in a wheelchair all day would qualify as a forced change in a given client’s lifestyle.

Lawyers often speak with a client’s friends, neighbors and co-workers. That allows for collection of information about the client’s life, prior to the accident. Had the client been active in sports, before the accident? If that were the case, then an obligation to remain sedentary would represent a stark change in the client’s lifestyle.

Does it not make sense that a stark change might be accompanied by feelings of discomfort? If the answer to that question is “yes,” then that fact might excuse the appearance of unexpected developments. Is it not possible that such developments might trigger an unexpected reaction on the part of the client/victim?

Could that unexpected reaction get labelled malingering? If so, then why base the denial of benefits on perceived malingering?