Insurance companies try to fight those that fake or exaggerate their injuries. As a result, the same companies frequently issue a denial of benefits to a policy holder that really deserves them.
What documents get reviewed by the court, when the holder of a disability insurance policy gets denied requested benefits, and decides to fight that decision?
• The results from the medical tests performed on the benefit-denied policy holder
• The opinion offered by the physician that has examined the same policy holder.
• The existence of any large gaps in the treatment schedule that has been followed by the allegedly disabled plaintiff/policy holder.
• The medications prescribed, or any other changes suggested, after the treating physician has viewed the policy holder’s test results.
The role of a lawyer, during an attempt to dispute a denial of disability benefits:
Lawyers understand the sort of tactics used by insurance companies in an effort to keep a policy holder from receiving denied payments. Some of the more commonly-used tactics involve finding an expert that can refute the findings presented by the plaintiff’s Personal Injury Lawyer in Sudbury.
Another tactic relies on information obtained by investigators. Those investigators search for any sign that the plaintiff has engaged in performance of some task that he or she has claimed the inability to carry-out. Such evidence can be used to refute one or more of the plaintiff’s claims.
Steps taken by a personal injury attorney, when a client has been denied disability benefits.
• Seek medical advice
• Obtain evidence that supports the statements made by a medical expert.
• Speak with friends of the client, along with neighbors and co-workers.
Steps that should be taken by a policy holder that has been denied the promised benefit payments:
Adhere to the treatment schedule; do not cancel a scheduled appointment with a doctor or a physical therapist. Retain and work closely with a personal injury lawyer. Get in the habit of keeping a diary or a journal. Record any time when you had to deal with pain in the area of the body that was affected by the accident. Note what activity seems to have triggered the appearance of that pain.
Go into detail about the struggles that you face each day. Emphasize the extent to which your life has been made more difficult, now that you must overcome the handicap created by your catastrophic injury. Do not worry, if you keep repeating the same struggles. That repetition can prove useful. It helps your lawyer to highlight the nature of your problem. The problems that resulted from the accident have forced you to deal with a lifetime impairment, a lifetime of daily trials. By documenting those trials, you produce evidence of the fact that you are disabled.