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Attorneys Raquel Busani + Robert Rosati

Denial of LTD claims: what to do when evidence falls short

On Behalf of | Jan 15, 2024 | Erisa

When you are facing health challenges and need long-term disability benefits, the last thing you want is to find out that there is not enough medical evidence to support your claim. When this happens, it is important to remain calm and remember that there are things you can do.

The importance of medical evidence

Medical evidence plays a crucial role in long-term disability claims. It helps establish the severity of your condition and its impact on your ability to work. When the evidence is insufficient, you can run into hurdles when trying to prove the legitimacy of your claim.

Consulting with healthcare providers

Start by talking to your healthcare providers. They can provide additional documentation, detailed medical records, and opinions that support the extent of your disability. Make sure your medical records reflect the limitations your condition imposes on your daily life and work capabilities.

Seeking specialist opinions

Sometimes, speaking with your healthcare providers will not be enough. Perhaps they do not specialize in the type of injury or illness you have.

Obtaining opinions from specialists in your specific medical condition can strengthen your case. Specialists can provide expert insights into the nature and severity of your disability, offering a more comprehensive view of the disability claims process.

Documenting daily limitations

Do not underestimate the power of detailing your daily struggles and limitations. Keep a diary that highlights how your disability affects your ability to perform routine tasks, work-related duties, and overall quality of life. Personal narratives can add a human touch to your claim.

Working with counsel

Enlist the help of a seasoned disability attorney who works specifically with denied claims. They can guide you through the legal process, review your case carefully, and help you gather the evidence to build a strong claim.

Their focus on this specific area of law can be invaluable in navigating the complexities of disability law. Keep in mind that it is probable they have worked on cases like this one many times.

Appealing the decision

If your initial claim is denied because of a lack of medical evidence, do not lose hope. You may appeal the decision. Your attorney can help you prepare a robust appeal, addressing any gaps in medical documentation and presenting a compelling case for reconsideration.

With long-term disability claims, persistence is key. Building a comprehensive case takes time. While the absence of medical evidence initially could pose a challenge, taking strategic steps with the help of medical and legal professionals can significantly improve your chances of securing the long-term disability benefits you rightfully deserve.

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