09 Aug My Long Term Work Related Disability Was Denied….Now What?
After your work-related injury, you are dealing with chronic pain, exhaustion and now, to make matters worse, you find yourself being denied disability by your insurer. If you find yourself in this unfortunate position, it is imperative for you to make yourself familiar with the appeals process.
You have a legal right to appeal your denial under the Employee Income Security Act (ERISA). And, even though your injury has left you less than equipped to deal with it, the responsibility and burden of dealing with it becomes yours. It is important that a record of documented evidence be created should litigation come into play. Many times the only evidence court will consider is that which you provided to your insurance company during the appeal process.
There are a few important things to be aware of before submitting your appeal.
- Request your claim file and your policy from your insurance carrier. This would include: all medical records, reviewed internal notes, outside doctor reviews, any surveillance video and any other information that was used by the insurer used to make your claim decision.
- Supplement your medical records with statements from your treating physicians. Do not disregard any side effects and make sure doctors mention the treatments you are being given.
- Get written support from your employer and request a copy of your personnel file.
- Written statements from people in your personal life. They can give insight into the daily struggle.
Carefully consider and review the packet of information before sending through certified mail, fax or e-mail. If it is not a proven fact, it will be useless.
Contact New Jersey Workers’ Compensation Attorney Jeffrey M. Bloom
Every workers’ compensation claim is unique, and this serves only as a reminder of the important topics you need to address in the process. If you find your case is too complicated and/or you are just not up for this difficult task, consult a qualified attorney such as Jeffrey M. Bloom – (855) 208-3650.