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Bad Faith in Disability Insurance Claims


Bad Faith in Disability Insurance Claims“If I can’t work, what’s going to happen to my family?” It’s a question anyone whose been seriously injured or diagnosed with a serious illness is familiar with. Being unable to work comes with the stress and uncertainty of what’s going to happen to you and your family moving forward. Having the right legal team on your side to help you when your long-term disability (LTD) insurance company denies you benefits is the first step to alleviating unnecessary stress off your shoulders.

As sad as it is to say, long-term insurance companies may not be in your corner. When LTD insurance companies deny or delay your claim unfairly, they are acting in bad faith and breaking the law. Unfortunately, this could affect you in the following ways by:

  • Wrongfully delaying your claim for an unwarranted amount of time
  • Needing further proof and in some cases, unnecessary and duplicate information regarding your medical condition
  • Rejecting your claim citing invalid reasons
  • Paying out benefits at a lower disability rate than what is stated on your long-term disability policy

These are the last things you should be dealing with when trying to cope with the adjustment of no longer being able to work.

How Can LTD Insurance Companies Use “Unfair Evidence Collection” Against My Long-Term Disability Claim?

In some cases, insurance companies may send an investigator to examine the validity of your claim without your knowledge. For example, they may get footage that shows you conducting physical activity of some kind, such as taking out the garbage or running errands. LTD insurance companies will use these “highlights” to reject your claim. Unfortunately, video footage such as these don’t show what happens behind closed doors. While you may have been able-bodied momentarily to conduct such physical activities, these “highlights” don’t show the physical toll such actions can result in.

My LTD Insurance Claim Was Denied. Why? (What You Need to Know)

Some insurance companies are more concerned with limiting their payouts than they are about your recent injury or medical diagnosis. If your LTD insurance company has denied your claim, it’s vital to remember some key things when deciding on what next steps to take.

  • Insurance companies may take advantage of the limited knowledge, you, as the claimant will have regarding their specific policies
  • Insurance companies may try and have you sign waivers to disclose further information, such as credit information, to use against you at a later time when trying to dispel the validity of your insurance claim and make a denial
  • Insurance companies may hire investigators to “catch” information that can harm your claim
  • Your policy likely has strict deadlines and procedures that must be followed in appealing a denial
  • If your deadlines for appeal pass and you have not protected yourself adequately, your record will be “closed,” meaning that any additional supporting information concerning your medical diagnosis, even through a physician, will not be added to your file
  • It’s in your best interest to contact a LTD insurance attorney prior to filing your claim to ensure you are given the best recommendations and are not running into obstacles like the ones mentioned here

For reasons like these, it’s crucial to contact a long-term disability insurance attorney who can not only help you navigate these murky waters, but who also understand the anxiety that comes with filing for LTD and how it can influence your willingness to go along with whatever these big insurance companies ask.

Our Attorneys Will Fight For Your Compensation

The attorneys at Johnstone Carroll in Birmingham, Alabama are experienced in fighting big insurance companies and can help you maximize the compensation you are owed for your long-term disability.

Call 205.383.1809 Today For An Initial Consultation

The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.